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STATE v. HIGGINS

No. 48907.

352 S.W.2d 35 (1961)

STATE of Missouri ex rel. Howard CARNEY, Relator, v. Honorable Andrew J. HIGGINS, Judge of the Circuit Court within and for the County of Platte, State of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

December 11, 1961.

Attorney(s) appearing for the Case

Alvin C. Randall, Dwight L. Larison, Hogsett, Houts, James, Randall & Hogsett, Kansas City, for relator.

William H. Sanders, Dean F. Arnold, Caldwell, Blackwell, Oliver & Sanders, Kansas City, David R. Clevenger, Platte City, for Continental Builders, Inc.

EAGER, Judge.

This is an original proceeding in prohibition in which we issued our preliminary rule. The question involved is one of venue under the third-party practice.

Mr. and Mrs. Thomas Hott owned a residence property in Clay County; they contracted with Continental Builders, Inc., a Missouri corporation, for the construction of a basement under the house. Continental, in turn, subcontracted the excavation work to one Howard Carney; while Carney or his...

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