STEWART v. HARRIS

No. 42606.

434 P.2d 902 (1967)

Arthur STEWART, Jr. Administrator of the Estate of Carl William Stewart, Deceased, Petitioner, v. Carmon C. HARRIS, Judge of the District Court of Oklahoma County, Oklahoma, Respondent.

Supreme Court of Oklahoma.

October 31, 1967.


Attorney(s) appearing for the Case

Rinehart, Morrison & Cooper, Oklahoma City, for petitioner.

James L. Hatfield, Oklahoma City, Paul Pugh and Al Pugh, Oklahoma City, for respondent.


IRWIN, Vice Chief Justice.

The issue presented in this original proceeding is whether an action may be maintained for the benefit of minor children against the estate of their deceased father for the wrongful death of their mother who allegedly died as a result of the negligent acts of the father.

The trial court determined that such action could be maintained and in this proceeding Petitioner (defendant) seeks a writ of prohibition prohibiting the trial court...

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