Jean Felton v. Watt E. Prather

This is an original proceeding seeking a writ of mandate directed to a district Judge requiring him to take all steps necessary to enter final judgment in a pending matter, and further commanding the district Judge to refrain from enforcing an order employing an engineer to make a survey in connection with that case. An alternative writ was improvidently granted and is hereby quashed. There is now pending in the District Court of the First Judicial District, Benewah County, the case of Felton v. Drainage District # 1, Number 3859, which is a quiet title action involving a boundary dispute. District Judge Watt E. Prather entered a memorandum opinion ordering a survey to locate the boundary between the property of plaintiff Felton and the Drainage District. The Judge directed the parties to agree upon a surveyor within ten days and, absent such agreement, the court stated it would appoint a surveyor. On July 4, 1970, plaintiff's counsel advised the court that the parties had agreed that one Maher should perform the survey. Maher purportedly completed the survey.