STATE EX REL. DRAIN v. SCHOENLAUB

No. KCD 28033.

529 S.W.2d 924 (1975)

STATE of Missouri ex rel. Diana S. (Parrish) DRAIN, Relator, v. The Honorable Fred E. SCHOENLAUB, Judge of the Circuit Court of Buchanan County, Missouri, Respondent.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied November 19, 1975.


Attorney(s) appearing for the Case

Utz, Litvak, Thackery, Utz & Taylor, Errol D. Taylor, St. Joseph, for relator.

Dale, Flynn, Bauman & Liles, Joseph L. Flynn, St. Joseph, for respondent.

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


SHANGLER, Judge.

Our preliminary rule in prohibition went down on a petition which alleged that the respondent circuit judge pretended jurisdiction to alter custody of an infant from one parent to another in a proceeding altogether devoid of proof of changed condition.

The underlying litigation [a motion by the father for change of custody of the infant Stephen from the mother] was prompted by the motion of the...

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