State Ex Rel. Anderson v. Kirkland

This is an original proceeding in prohibition by which relator seeks to prohibit the Honorable E. E. Kirkland, Judge of the Probate Court of Clay County, Missouri, from proceeding further with an inquiry into his sanity.

Our preliminary writ of prohibition has been issued. Respond ents have made their return and relator has filed a motion for judgment on the pleadings. Under these circumstances, the facts s'1' forth in the return will be taken as true. [State ex rel. v. McQuillin, 262 Mo. 256.]

The facts show that on June 23, 1932, respondent, Leland B. Anderson, filed in the Probate Court of…