STATE EX REL. PEABODY COAL CO. v. POWELL

No. 60665.

574 S.W.2d 423 (1978)

STATE ex rel. PEABODY COAL COMPANY, Relator, v. The Honorable Jack A. POWELL, Judge of the Circuit Court of Greene County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

December 18, 1978.


Attorney(s) appearing for the Case

James F. Mauze, St. Louis, Shook, Hardy & Bacon, David H. Clark and Elwood L. Thomas, Kansas City, for relator.

William H. Sanders, Howard F. Sachs, Kansas City, for respondent.


SEILER, Judge.

This is an original action in prohibition. The question presented is whether the respondent judge, after having ordered a change of venue, can later, over the objection of one of the parties, set the order aside and make another order transferring the case on a change of venue to a different county from the one originally named. Relator asks us to prohibit the judge from doing so and to require him to reinstate his original order.

The matter...

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