13 N.M. 26 | N.M. | 1905
OPINION OP THE COURT.
— This is a writ of prohibition directed to Marcos Castillo, probate judge of Santa Ee county, and the other respondents whose relation to the case will appear. It appears from the record that the relator, claiming to be the widow of John Koury, deceased, was appointed administrator of the said estate by the said probate court and was duly qualified as such; that thereafter the respondent, Michael Koury, a brother of the deceased, filed a petition in said probate court for the removal of the relator as such administratrix and for the appointment of the respondent, Patrocinio Lopez, as administrator of said estate; that said petition was set down for hearing on the afternoon of the same day in which it was filed; that at the time set for the hearing the relator' appeared by counsel and moved for a continuance of the 'cause which was granted; that thereirpon the said court, of its own motion appointed the respondent, Lopez, as “superintendent” of said estate with right of access at all times to the store where the property of the said estate was situated, subject only to the order of the court, until the further order of the court; that the respondent, Marcos Castillo, ceased to be the probate judge of Santa Fe county on December 31st, 1904, by expiration of his term of office; that the relator appeared specially at the time set for the said hearing and although asking for a continuance of the said hearing gave notice of her intention to question the jurisdiction of the said court to hear and determine said cause; and that upon the continuance of said hearing the relator sued out this writ. Upon this record few questions arise for discussion. It may be assumed that the writ is to be discharged as to the respondent, Marcos Castillo, he having gone out of office. But relator urges two propositions which will be considered.