GRIGGS, COOPER & CO. INC. v. Lauer's, Inc.

Nelson, Justice.

This matter comes before this court on a writ of prohibition. The facts and circumstances involved are as follows: On July 29, 1961, Griggs, Cooper & Company, Inc., and Lynn Johnson Company, Inc., as unsatisfied creditors commenced an action in Ramsey County District Court against Lauer’s, Inc., and C. Donald Rieck. (This will be referred to herein as the first action.) Rieck interposed an answer, but none was interposed by or on behalf of Lauer’s, Inc., which was dormant and inactive and allegedly is without assets except a cause of action against Rieck.

Thereafter plaintiffs…