STATE EX REL. O'CONNELL v. CRANDALL

No. 38800.

562 S.W.2d 746 (1978)

STATE of Missouri ex rel. Anna C. O'CONNELL, Relator, v. The Hon. William H. CRANDALL, Jr., Judge of the Circuit Court of St. Louis County, Missouri, Div. No. 1, Respondent.

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

Motion for Rehearing and/or Transfer Denied March 10, 1978.

Application to Transfer Denied April 10, 1978.


Attorney(s) appearing for the Case

John H. Quinn, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, for relator.

Jerome Wallach, Wallach, Miller & McAvoy, Fenton, for respondent.


REINHARD, Judge.

Relator requests that this court make permanent a Writ of Prohibition, issuing to the Judge of Division One of the Circuit Court. Prohibition is sought in connection with a suit to contest the purported will of John P. McIntyre, Sr. As grounds therefore, relator argues respondent exceeded his jurisdiction in overruling relator's Motion to Dismiss in that plaintiffs below failed to serve within ninety (90) days, without good cause, a party defendant...

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