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STATE v. COUNTY COURT OF BARRY COUNTY

No. 49238.

363 S.W.2d 691 (1963)

STATE of Missouri ex rel. Norma Lee WILLIAMSON, Respondent, v. The COUNTY COURT OF BARRY COUNTY, Missouri and Lester Loftin, M. F. Whisman, and Emory E. Smith, Judges of the County Court, Appellants.

Supreme Court of Missouri, Division No. 2.

January 14, 1963.

Attorney(s) appearing for the Case

Joe R. Ellis, Pros. Atty., Barry County, Cassville, for appellants.

Edward V. Sweeney, Monett, for respondent.

STOCKARD, Commissioner.

This is an appeal in a mandamus proceeding to compel the "County Court of Barry County, Missouri" and the individual judges thereof to issue warrants to relator in payment of the balance of unpaid salary claimed to be due her as deputy clerk of the circuit court of Barry County. We note here that the county court as such is not a suable entity, and was improperly designated as a party.

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