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STATE EX REL. CRESWELL v. SCOTT

No. 34620.

491 S.W.2d 343 (1973)

STATE of Missouri, ex rel. Jack Norman CRESWELL, Relator, v. The Honorable Michael J. SCOTT, Judge of the Twenty-Second Judicial Circuit of the State of Missouri, and as such Judge of the Circuit Court of the City of St. Louis, Missouri, presiding in Division No. Four of the said Circuit Court of the City of St. Louis, Missouri, Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

February 6, 1973.

Attorney(s) appearing for the Case

Heneghan, Roberts & Godfrey, W. Munro Roberts, Jr., James J. Virtel, St. Louis, for relator.

Nangle & Nangle, Donald V. Nangle, St. Louis, for respondent.

SMITH, Presiding Judge.

In this original proceeding relator seeks to prohibit respondent from dismissing his counterclaim for interpleader. Relator is an underwriter at Lloyds of London, and issued a $10,000 fire insurance policy to Charles and Ruby Hester, covering an apartment house. On December 15, 1968, the apartment house was destroyed by fire. After the fire relator issued a "standard mortgage clause" endorsement in favor of Louis Horen "as interest may appear...

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