389 P.2d 405

#### Wilma L. BEERY, as Personal Representative and Sole Surviving Heir-at-Law of Douglas E. Beery, Deceased, Petitioner, v. Honorable George L. ZIMMERMAN, Judge of the Third Judicial District of the State of New Mexico, within and for Dona Ana County, Respondent.

No. 7581.

Supreme Court of New Mexico.

Feb. 26, 1964.

COMPTON, Chief Justice, and CARMODY, CHAVEZ and NOBLE, Justices, concurring; MOISE, Justice, being absent.

Ordered that in consideration of State v. White, 71 N.M. 342, 378 P.2d 379, and National American Life Insurance Company v. Baxter, 73 N.M. 94, 385 P.2d 956, the alternative writ of prohibition heretofore issued herein on February 12, 1964, be and the same is hereby made permanent.