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POLLARD v. SWENSON

No. 51818.

403 S.W.2d 601 (1966)

William N. POLLARD, Appellant, v. H. R. SWENSON, Warden, Missouri State Penitentiary, Respondent.

Supreme Court of Missouri, Division No. 2.

June 13, 1966.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., O. Hampton Stevens, Asst. Atty. Gen., Jefferson City, for respondent.

No attorney for appellant.

STOCKARD, Commissioner.

Plaintiff filed in the Circuit Court of Cole County what he labeled "Petition for Declaratory Judgment." Reference is also made in the petition to an application for Quo Warranto. The petition is inartfully drawn and contains allegations in the form of conclusions and which are argumentative in nature. However, when we glean out the extraneous matter, plaintiff has alleged, in substance, that he is a prisoner in the Missouri State Penitentiary...

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