STATE EX REL. WILLIAMS v. BERREY

No. 56752.

492 S.W.2d 731 (1973)

STATE of Missouri ex rel. Anita Louise WILLIAMS, Relator-Appellant, v. Robert W. BERREY, III, Magistrate, Fourth District, Jackson County, Respondent.

Supreme Court of Missouri, En Banc.

April 9, 1973.


Attorney(s) appearing for the Case

James L. Muller, Richard F. Halliburton, The Legal Aid and Defender Society of Greater Kansas City, Inc., Kansas City, for relator-appellant.

Kenneth E. Bigus, Kansas City, for respondent.


BARDGETT, Judge.

The questions in this prohibition appeal involve the replevin statutes of Missouri. They are: (1) does a magistrate court have the jurisdiction to enter a default judgment for possession where there has been no service of process on the defendant but the chattels have been taken by the sheriff pursuant to a replevin writ and bond and delivered to the plaintiff, and (2) whether or not property was taken from the possession of relator-appellant in violation...

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