People ex rel. Clay, Robinson & Co. v. District Court

This is an original proceeding in prohibition. It is before us now on an alternative writ, returns thereto, and demurrers and answers to the returns.

Relators claimed a mortgage on 50,000 head of sheep and increase given by one Jordan, now deceased, and whose estate is insolvent. Having filed their claim for the debt and had it allowed by the administrators, they petitioned the county court, under section 5344, C. L. 1921 (L. 1917 chap. 99 p. 391), for leave to foreclose and at the same time asked that because of the disqualification of the county judge the petition be certified to the…