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STATE EX REL. McCARTY v. KIMBERLIN

No. KCD 26937.

508 S.W.2d 196 (1974)

STATE of Missouri ex rel. Alphonsine McCARTY, Relator, v. William H. KIMBERLIN, Judge of the Buchanan County Circuit Court; and Lawrence A. Kelly, Circuit Clerk of Buchanan County, Missouri, Respondents.

Missouri Court of Appeals, Kansas City District.

April 1, 1974.

Attorney(s) appearing for the Case

Dale R. Copeland, Raytown, for relator.

Don Pierce, St. Joseph, for respondents; Downs & Pierce, St. Joseph, of counsel.

Before DIXON, C. J., and SHANGLER, PRITCHARD, SWOFFORD, WASSERSTROM and SOMERVILLE, JJ.

PRITCHARD, Judge.

The issue is whether respondent judge had jurisdiction to proceed and adjudicate the matter of custody of a minor child in habeas corpus proceedings whose status of neglect and an award of custody had been previously adjudicated and made in the juvenile division of the same court under § 211.031, RSMo 1969, V.A.M.S.

The records which have been lodged in this court pursuant to the writ of certiorari show these facts: On February 26, 1973...

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