State ex rel. Kober v. District Court of the Thirteenth Judicial District

On January 21, 1966, petitioners filed an application for writ of supervisory control and following an ex parte hearing *117on that date an order to show canse was issued, returnable at the hour of 10:00 o’clock A.M., on January 31, 1966. On the return day, respondents filed their answer and therein as a third defense alleged: “The petitioners have an adequate remedy by appeal and, therefore, their application for writ of supervisory control should be denied.”

The basis for the application is the entry of a summary judgment in favor of one of the defendants in a civil negligence action under Eule…