STATE v. FERRISS

No. 46022.

304 S.W.2d 896 (1957)

STATE of Missouri, at the Relation of ST. LOUIS UNION TRUST COMPANY, a Missouri Corporation, and Joseph Pulitzer, Jr., as Executors and Trustees under the Last Will of Joseph Pulitzer; Samuel J. Shelton, as Executor under Said Will; Michael Edgar Pulitzer, as Trustee under Said Will; Elizabeth Edgar Pulitzer; Joseph Pulitzer, Jr., and Louise V. Pulitzer, Relators, and City of Ladue, a Municipal Corporation, Intervenor, v. Honorable Franklin FERRISS, Judge of the Circuit Court of the 13th Judicial Circuit of the State of Missouri, Presiding in Division 6 of the Circuit Court of the County of St. Louis, Missouri, Respondent.

Supreme Court of Missouri. En Banc.

Rehearing Denied September 9, 1957.


Attorney(s) appearing for the Case

Richard O. Rumer, Daniel Bartlett, St. Louis, for relators.

Gilmore & McClintock, John L. Gilmore, Robert G. McClintock, St. Louis, for respondent.

Ziercher, Tzinberg, Human & Michenfelder, Erwin Tzinberg, Clayton, amici curiae.


HOLLINGSWORTH, Judge.

This is an original proceeding wherein relators seek to prohibit the respondent, Judge of the Circuit Court of St. Louis County, from hearing and determining a suit brought by School District of the City of Ladue to condemn a 32.26-acre tract of land in said city as a site for the location and erection of a new schoolhouse. Respondent waived service of the provisional writ and the case was submitted upon the relators' petition and respondent...

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