STATE v. JENSEN

No. 50394.

379 S.W.2d 529 (1964)

STATE of Missouri ex rel. John F. BUCHANAN, Relator, v. The Honorable Richard C. JENSEN, Judge of the Circuit Court of Jackson County, Missouri, at Independence, Respondent.

Supreme Court of Missouri, En Banc.

June 8, 1964.


Attorney(s) appearing for the Case

Richard P. Sprinkle, Sprinkle, Carter, Sprinkle & Larson, Kansas City, for relator.


STORCKMAN, Judge.

This is an original proceedings to prohibit the respondent judge from taking, entering, or exercising further jurisdiction in a personal injury action in which Alice Simpson is plaintiff and John F. Buchanan, the relator herein, is defendant. The question for decision is whether Alice Simpson's cause of action is a compulsory counterclaim within the meaning of Civil Rule 55.45 V.A.M.R. which can only be asserted in her pleading as the sole defendant...

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