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MALCOM v. SUPERIOR COURT

172 A.2d 761 (1961)

Mark Clive MALCOM, Petitioner, v. SUPERIOR COURT of the State of Delaware, IN AND FOR NEW CASTLE COUNTY, The Honorable Andrew D. Christie, Resident Judge, and The Honorable Judges sitting in the Superior Court of the State of Delaware, Respondents.

Supreme Court of Delaware.

June 27, 1961.

Attorney(s) appearing for the Case

Julian D. Winslow, Wilmington, for petitioner.

Nathan P. Michlin and Joseph P. Hurley, Wilmington, for intervenor.

SOUTHERLAND, Chief Justice, WOLCOTT, Justice, and SHORT, Vice-Chancellor, sitting.

WOLCOTT, Justice.

This is a petition for a writ of prohibition to prevent the Superior Court of New Castle County from exercising jurisdiction over a pending divorce action in that court. When the petition was filed an order was entered issuing a rule to show cause and permitting the plaintiff in the divorce action below to intervene. The intervenor promptly moved to dismiss the petition.

The petition sets out the following factual situation:

On January...

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