STATE EX REL. PETERBILT CO. v. LITZ

No. 39604.

569 S.W.2d 387 (1978)

STATE ex rel. PETERBILT COMPANY, a Division of Paccar, Inc., a corporation, Plaintiffs, v. Arthur J. LITZ, Judge of the Court, Defendant.

Missouri Court of Appeals, St. Louis District.

July 25, 1978.


Attorney(s) appearing for the Case

Fordyce & Mayne, Edgar G. Boedeker, Leo V. Garvin, Jr., Thomas E. Toney, III, St. Louis, for plaintiffs.

Selner & Hyatt, N. A. Selner, A. Fuller Glaser, Jr., John J. Collins, Edward E. Murphy, Jr., James E. McDaniel, Clayton, for defendant.


SMITH, Judge.

Relator sought a writ of prohibition against respondent judge to prevent the court from proceeding under service which relator contended was void. We issued our preliminary writ. Subsequent thereto this court, upon request, amended its preliminary writ to allow the addition of parties and issuance of additional summons. Plaintiff in the underlying action then had issued an alias summons directed to Paccar, Inc. a/k/a Peterbilt Company. The original summons...

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