Middlebrook v. Superior Court

— In an original proceeding, a writ of certiorari was issued to review an order made by the probate court in the matter of the Estate of Ella Wallace Perkins, deceased, requiring the administratrix to repossess property which had been delivered to her, Bose Dunlap Franklin and Jessie W. Chapman pursuant to a judgment which was later modified and has now been affirmed. (In re Perkins’ Estate, ante, p. 561 [134 P.2d 231].) Upon the day set for hearing the matter, Clifford L. Perkins, the real party in interest, moved to discharge the writ and dismiss the proceeding upon the ground that no…