STATE v. MAYFIELD

No. 48190.

340 S.W.2d 631 (1960)

STATE ex rel. Leonard A. STAMM, Relator, v. Waldo C. MAYFIELD and William Moore and The Equitable Life Assurance Society of the United States, Respondents.

Supreme Court of Missouri, En Banc.

Concurring Opinion December 13, 1960.


Attorney(s) appearing for the Case

Douglas W. O'Neill, St. Louis, for relator.

Adolph K. Schwartz, St. Louis, for respondents. Chapman, Schwartz, Chapman & Kroening, St. Louis, of counsel.


STORCKMAN, Judge.

This is an original proceeding in mandamus, the purpose of which is to require the respondent judge to proceed with an action in which the trial court quashed the service of the summons on the ground the venue was improper as to each defendant. The question involved is whether an action may be maintained against a foreign insurance company and its employee, or either of them, in the county where the insurance company maintains its principal office...

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