Burney v. Hargraves

George Rose Smith, Justice.

This action was filed in this court as an original petition under Rule 16 for a writ of mandamus to compel the Honorable O. H. Hargraves, as judge of the Phillips Circuit Court, to enter a judgment in fav- or of the petitioner in a pending case. Later the petition was amended to ask alternatively for a writ of prohibition or a writ of certiorari. The petition must be denied, because the petitioner’s proper remedy is by appeal.

Mrs. Burney, the petitioner, filed suit in the Phillips Circuit Court as the beneficiary of a 150,000 life insurance policy issued by Old…