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MELSON v. COURT OF CHANCERY

234 A.2d 440 (1967)

Elwood F. MELSON, Jr., and Grace Melson, Petitioners, v. The COURT OF CHANCERY of the State of Delaware, IN AND FOR NEW CASTLE COUNTY and the Honorable Isaac D. Short, 2nd, Sitting as a Vice Chancellor of said Court, Respondents.

Supreme Court of Delaware.

September 29, 1967.

Attorney(s) appearing for the Case

William E. Taylor, Jr., Wilmington, for petitioners.

Nathan P. Michlin, Wilmington, Admr. C. T. A. of the Estate of Julia Nelling Clay, Intervener, in person.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

PER CURIAM:

In a proper case, where a fair and impartial trial requires it, a writ of prohibition may issue to prevent a disqualified judge from proceeding with the case. Matushefske v. Herlihy, Del., 214 A.2d 883, 886 (1965); Annotation, 92 A.L.R.2d 306. This is not such a case.1

The petitioners contend that they will be deprived of due process of law...

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