State Ex Rel. Bolshaw v. Montgomery

The relator seeks by this proceeding to compel the probate judge to revoke the letters of administration heretofore issued to one Dovey Schaerer, and to issue the letters to him and permit him to administer the estate. A former proceeding was before this court, seeking a writ of prohibition, which was denied for the reason that it was not the proper remedy. [137 S. W. (2d) 654.] A general outline of the facts appears in that proceeding, which it is not necessary to repeat here. The parties have treated the petition in the instant ease as the alternative writ, and the respondent has filed a…