Thomas v. Justice Court of Washakie County

GUTHRIE, Chief Justice

(concurring).

Although I concur without reservation in the majority holding in this case insofar as the principal question is concerned, I do confess an unease in. agreeing that this case presents a proper basis for a writ of prohibition. I do not, however, dissent to that phase of the opinion because of the view of my brothers that it is a proper case for the exercise hereof and of the admitted importance and possible far-reaching effect of such a contention.

*51It appears necessary to the writer that his concurrence not be interpreted as a reversal, modification, or departure from the rule of the case of State ex rel. Owen v. District Court of Sheridan County, Wyo., 393 P.2d 806. Nor do I extend the scope of Miskimmins v. Shaver, 8 Wyo. 392, 58 P. 411, 49 L.R.A. 831, so far as my brothers apply it herein, believing that the holding should be confined to the factual situation.