State Ex Rel. Haynes v. District Court

This is an original proceeding on writ of review. On application of F. F. Haynes, made on his affidavit, this court directed the issuance of a Avrit of review, commanding the district court of Custer county to certify up a transcript of the record and proceedings in the matter of the estate and guardianship of Joseph Kesl, a mental incompetent. On the return day, the respondent court filed a written motion to quash the writ and, Avithout waiver thereof, made proper return to the writ.

On February 24, 1938, Agnes DeSell, niece of Joseph Kesl, filed her written petition for the appointment of a…