Stenzel v. Kreger

Peterson, Justice.

Two cases. One is an appeal from an order of the district court sustaining respondent’s demurrer to the “petition” for an alternative writ of mandcmms. The other is an original proceeding commenced in this court after the appeal was. perfected to show cause why a writ of prohibition should not issue to restrain respondent from hearing the matters involved in the mandamus proceedings.

The mandamus proceedings were instituted in the district court to compel respondent as judge of probate of Jackson county by order to fix the time and place of hearing on the petition of appel*511lant…