In the proceedings before defendant, as judge, in which the judgment was rendered which plaintiffs seek to have annulled in this proceeding, these plaintiffs, who were plaintiffs in the lower court, dismissed their action before the final submission of the case; but the defendant, Laura M. Graham, claimed the right to have a judgment in her favor establishing the will as against plaintiffs, notwithstanding the dismissal. This claim was based on allegations contained in her answer, that the will which plaintiffs were attacking had been duly admitted to probate, and that it was the last will and testament of deceased and fully expressed (his desires as to the distribution of his property, and a prayer in said answer that the probate of the will be confirmed and that it be established
The judgment in the trial court which is brought before us by writ of certiorari is annulled.