STATE EX REL. TURNER v. SLOAN

No. WD 30722.

595 S.W.2d 778 (1980)

STATE ex rel. James W. TURNER, Relator, v. Charles H. SLOAN, Richmond, Missouri, Special Judge for the Circuit Court of Livingston County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 3, 1980.


Attorney(s) appearing for the Case

Robert F. Sevier, Sevier & Burnett, Roger Guy Burnett, Liberty, for relator.

Kenneth R. Lewis, Cleaveland, Macoubrie, Lewis & Cox, Chillicothe, for respondent.

Before WASSERSTROM, C. J., and SHANGLER, DIXON, PRITCHARD, SWOFFORD, CLARK and MANFORD, JJ.


ORIGINAL PROCEEDING IN PROHIBITION

SHANGLER, Judge.

Our preliminary rule in prohibition issued to prevent the execution of a writ of possession in aid of summary judgment entered by the respondent judge on a counterclaim for ejectment to the claim of the relator to quiet title to the realty. We determine that the order of summary judgment was not final for purposes of execution and make our preliminary rule in prohibition absolute.

The summary judgment...

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