Kellner v. District Court

On a complaint—'lacking in some particulars — in which plaintiffs seek relief in the nature of prohibition, directed toward respondent district court and the judge thereof, and alleging that the inferior tribunal was about to proceed without, or in excess of, its jurisdiction, our rule to show cause was issued January 9, 1953. Answer and response thereto and a reply having been filed, the issue is thus made.

The contention centered around the validity of process served upon defendants in an action in fraud and rescission of contract or for damages. Defendants, formerly of Denver, and now…