State Ex Rel. Rose v. Fry.

Relator W. T. Rose brought a proceeding in prohibition against G. H. Fry, Probate Judge of Vernon County, Missouri, to prohibit said probate judge from compelling said Rose, as guardian of his four children, to make a final settlement as such guardian in said probate court. Respondent duly appeared and, instead of making a return to the preliminary writ, demurred to the petition therefor, because it did not state a cause of action nor show that relator had any right to a writ of prohibition either provisional or permanent. The demurrer was by the court sustained and relator declining to plead…