State Ex Rel. Deering Milliken, Inc. v. Meyer

ORIGINAL PROCEEDING IN PROHIBITION

WEIER, Commissioner.

Relator, Deering Milliken, Inc., seeks to make absolute our preliminary writ of prohibition. By such action, respondent judge would be prevented from proceeding further in an action wherein H. S. Gale, Inc., defendant below, seeks relief by counterclaim in a suit brought by relator to register a judgment of the Supreme Court of New York against defendant.

The facts presented by the pleadings and papers in the file illuminate the controversy. Milliken and Gale deal in dry goods. On February 16, 1966, a contract of sale was executed by the…