Ditzler v. Spee

Otis, Justice.

This matter is before the court on an alternative writ of prohibition secured by the plaintiffs Ditzler to enjoin the prosecution of a declaratory judgment action instituted by defendant Spee. The issue is whether a defendant in a personal injury action brought by the owner and by the operator of an automobile can require that the unsued claim of plaintiffs’ minor child be litigated in the same proceedings. The lower court held that under the peculiar circumstances of this case defendant Spee was entitled to have the liability question as to both the parents and their child…