State Ex Rel. Standard Slag Co. v. Fifth Judicial District Court

OPINION

By the Court,

Orr, C. J.:

On October 2, 1943, relator petitioned this court for a writ of prohibition, and on October 9, 1943, the matter was argued and submitted to the court for decision. Prior to its submission counsel for the respective parties stipulated that the matter be heard before two of the justices of this court. It was further stipulated that upon a decision being reached an order be entered, and a written opinion filed later. On the 13th day of October 1943 this court made its order denying the writ.

The petition presents for consideration a new situation insofar as the…