STATE EX REL. KEN REYNOLDS PHARM. v. PYLE

No. 60124.

564 S.W.2d 870 (1978)

STATE ex rel. KEN REYNOLDS PHARMACIES, INC., a corporation, et al., Relators, v. Honorable Ben F. PYLE, Judge of the Circuit Court of Jasper County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 28, 1978.


Attorney(s) appearing for the Case

Ron Mitchell, Jon Dermott, Joplin, Don W. Kennedy, Nevada, for relators.

A. L. Shortridge, Joplin, for respondent.


BARDGETT, Judge.

This case was transferred by this court after opinion of the court of appeals, Springfield district, on application of respondent. Art. 5, sec. 10, Mo.Const., as amended 1970.

The case involves the prejudgment seizure of property by a secured creditor without the debtor having been given prior notice of the seizure or an opportunity to be heard. The court of appeals made absolute its writ of prohibition issued to respondent barring enforcement...

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