The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-11-02
DISTRICT COURT TAKES
HAND IN DAY WILL CASE
WRIT OF PROHIBITION STOPS
PROCEEDINGS BY PROBATE
JUDGE SHERRARD.

This morning. upon application of
C. w. Beale, attorney for John II.
Wourms Axel =. Ramstedt and =. j.
Maggy, a writ Of prohibition was is
sued by Judge A. IL. Featherstone, of
the district court, commanding Pro-
bate Judge J. +. Sherrard to desist
and refrain from proceeding further
upon the complaint filed in his court
by Agnes Loretta Day and under
which he had issued citations to the
above named defendants to appear in
his court and answer such questions
as may be put to them pertaining to
the allegations contained in the com
plant After reviewing the proceed
ings taken in the probate court includ-
ing the overruling of the demurrer to
the complaint all of which is claimed
to be in excess of the jurisdiction of
the probate court the writ issued by
Judge Featherstone says:
The Order.
Nevertheless, you, the said probate
court aforesaid, and you the said Hon
orable John f. Sherrard, Judge of said
probate court, well knowing the prem
ises have made and entered an order
in the matter of the estate of Eugene
Rufus Day, deceased. dated October
81, 1922, and filed in the matter of the
estate of Eugene Rufus Day de-
ceased, November l. 1922. requiring
said applicants, John II. Wourms. =.
J. Maggy and a. =. Ramstedt to be
and appear before said probate court
at the court room of said court i'm
Wallace, Idaho, for said examination.
and intend to force and compel said
applicants, John II. Wourms, p. J.
Maggy and A. p Ramstedt to submit
to said examination, as prayed for i'm
said complaint, and as set forth in said
citations, in excess of the jurisdiction
Of said probate court and of the jur-
isdiction of the said judge of said pro-
bate court against the laws and GUS
toms of the state of Idaho and to the
damage, prejudice and
grievance of them, the said John H.
Wourms, p. J. Maggy and A. r. Ram
stedt
Wherefore, said John II. Wourms, |
p. J. Maggy and A. F. Ramstedt have /
prayed relief and our writ of prohibi-
ton in that behalf
1--WE, therefore, being willing that /
the laws and customs of our said state |
should be observed, and that our citi- /
zens should in no wise be oppressed, /
10 command you. the probate court of /
the county of ShOshone, state of |
Idaho, and you, the Honorable John r /
Sherrard, judge of said probate court, /
and each of you, that you, and each |
Of you, desist and refrain from fur |
Their proceedings upon said complaint |
and the subject matter thereof, and |
specified therein, and from conduct |
ng the said examination and from /
forcing said applicants, John II. !
Wourms, P. ]. Maggy and A. p. Ram
5tedt, or any of them, to submit to
said examination and from consider
ing said complaint of said Agnes Lor-
eta Day, and the prayer for relief /
therein, and any of the subject matter |
set forth in said complaint and from /
said citations, and each Of
hem, or the subject matter thereof !
and from conducting any examination
n compliance with said complaint
md with said citations, or in COM
oliance with any of them and from
having or holding any examination o.
hearing or trial upon said complaint
II upon said citations, or upon any OF
HEM or upon the subject matter sci
'orth in said complaint or in said cita-
my part of the subject matter set
orth in said complaint or in said CT
ations, or in either of them. or from
alxing any action whatever upon said
or upon said citations or
ipon either Of them, until the further !