STATE v. ALLISON

No. 8089.

359 S.W.2d 245 (1962)

STATE of Missouri ex rel. Rice FARMER, Administrator of the Estate of Clarence V. Norman, deceased, Relator, v. Honorable Emery W. ALLISON, Judge of the Circuit Court of Pulaski County, Missouri, Respondent.

Springfield Court of Appeals, Missouri.

July 26, 1962.


Attorney(s) appearing for the Case

J. W. Grossenheider, Lebanon, for relator.

T. A. Shockley, Waynesville, Claude T. Wood, Richland, B. H. Clampett, Springfield, for respondent.


RUARK, Presiding Judge.

This is prohibition. Since our initial question is one of res judicata or estoppel by judgment, a recounting of some history is necessary.

On May 27, 1958, Harold Fellows was (it is alleged) fatally injured while riding in an automobile driven by Clarence V. Norman, who died on the same date. The widow of Fellows desired to sue the estate of Norman, but no letters of administration had been issued on such estate. On May 9, 1959, one...

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