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MUMFORD v. SUTTON

No. 9119.

476 S.W.2d 141 (1972)

J. Arthur MUMFORD, Executor of the Estate of James B. Blakemore, Deceased, Plaintiff-Respondent, v. Elsie SUTTON, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

February 3, 1972.

Attorney(s) appearing for the Case

Orville C. Winchell, Lebanon, for defendant-appellant.

David E. Wilhite, Donnelly, Baldwin & Wilhite, Lebanon, for plaintiff-respondent.

HOGAN, Judge.

The sole question posed on this appeal is whether a defendant must file a responsive pleading in a case which has been certified to a circuit court on change of venue for lack of another magistrate in the county. It arose in the following circumstances:

Plaintiff, as executor of the Estate of James B. Blakemore, deceased, filed what appears to be a conventional subrogation action in the Magistrate...

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