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STATE EX REL. SAUPE v. SWINK

No. 34148.

475 S.W.2d 466 (1971)

STATE of Missouri ex rel. Clarence T. SAUPE, Relator, v. J. O. SWINK, Judge of the Circuit Court of Ste. Genevieve County, Missouri, Respondent.

St. Louis Court of Appeals, Missouri.

December 28, 1971.

Attorney(s) appearing for the Case

Jackson, Thomasson, Dickerson & Gilbert, Cape Girardeau, for relator.

Roberts & Roberts, Farmington, for respondent.

CLEMENS, Commissioner.

Original prohibition proceeding to test respondent's jurisdiction to allow parents of a deceased child to proceed on a wrongful death counterclaim against the injured plaintiff who had sued the child's administrator, but not the child's parents. We hold that since the parents had not been made defendants in the plaintiff's action they cannot bring themselves into that action as counterclaimants.1

We...

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