STATE v. CARUTHERS

No. 29007.

270 S.W.2d 533 (1954)

STATE ex rel. CARR v. CARUTHERS, Judge.

St. Louis Court of Appeals. Missouri.

July 20, 1954.


Attorney(s) appearing for the Case

Fred L. Henley and Von Mayes, Caruthersville, for relator.

J. Grant Frye, Cape Girardeau, for respondent.


WOLFE, Commissioner.

This is an action in prohibition in which the relator seeks to prohibit the Judge of the Cape Girardeau Court of Common Pleas from setting aside an order quashing a writ of scire facias and an execution. At the time the order quashing the writs was made the judgment creditor was dead. Almost a year after her death her administrator filed a motion to set aside the order quashing the writs, and the court having indicated that the administrator's...

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