STATE EX REL. WADE v. DALTON

No. 38805.

559 S.W.2d 47 (1977)

STATE ex rel. Lyle WADE, d/b/a Wade Construction Company, Relator, v. Honorable Donald E. DALTON, Judge of the Circuit Court of St. Charles County, Missouri, Respondent.

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

October 25, 1977.


Attorney(s) appearing for the Case

Gerald L. Birnbaum, O'Fallon, for relator.

Larry D. Nesslage, St. Charles, for respondent.


CLEMENS, Presiding Judge.

Original action in prohibition to prevent respondent circuit judge from taking jurisdiction of an appeal from a magistrate court because of an allegedly defective notice of appeal.

Relator Lyle Wade filed suit in magistrate court against Mary Nell Wade for the value of labor and materials furnished her. Defendant counterclaimed for $1,500, alleging plaintiff took possession of her automobile. The magistrate court gave plaintiff judgment...

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