State Ex Rel. Ballew v. Hawkins

RUARK, Presiding Judge.

This is prohibition. We know of no way to convey a better understanding of the mare’s nest in which we are entangled than to relate the facts chronologically.

On April 28, 1960, plaintiff Bake filed suit against defendant Ballew (the relator herein) in the Circuit Court of Hickory County. The petition was a suit for damages based upon the negligent killing of the wife of plaintiff on May 15, 1959. Summons on said suit was issued May 7, 1960.

Defendant Ballew lived in Dallas County, which adjoins Hickory County and is in the same circuit. Prior to filing suit plaintiff’s…