State Ex Rel. Case v. Superior Court

(dissenting) — January 26, 1945, relator filed in this court for a hearing petition for an alternative writ of prohibition to restrain respondent from proceeding to try the issues in a civil action. A show cause order was issued by the chief justice, and the argument was heard by the court.

The facts as contained in petition of relator and in the transcript of the proceedings in the superior court, filed in this court and entitled “Relator’s Exhibit ‘A,’ ” are as follows: T. J. Cook and Mabelle Cook were husband and wife. Mr. Cook died July 1, 1943. His nonintervention will was admitted to…