STATE v. MOSS

No. 51154.

392 S.W.2d 260 (1965)

STATE of Missouri at the relation of Glen T. DAVIS, a Minor, by Glen F. Davis, his Father and Next Friend, Relator, v. Honorable Herbert K. MOSS, Judge of the Circuit Court of Jefferson County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

July 12, 1965.


Attorney(s) appearing for the Case

Samuel Richeson, Dearing, Richeson, Weier & Roberts, Hillsboro, for relator.

Lawrence N. Weenick, Shepherd & Weenick, Clayton, for respondent.


FINCH, Judge.

This is an original proceeding in prohibition to prevent the Circuit Judge of Jefferson County, Missouri, from entertaining jurisdiction in, and from proceeding further with, a personal injury action between John R. Kauffmann, plaintiff, and Glen T. Davis, defendant. The basis asserted is that under Civil Rule 55.45(a), V.A.M.R., Kauffmann's cause of action is a compulsory counterclaim in a prior suit filed...

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