STATE EX REL. AXTELL v. MARSH

No. WD 32947.

624 S.W.2d 874 (1981)

STATE of Missouri, ex rel. Enos A. AXTELL, Sr., Individually and as Assignee of Redwood Hills Development Company, Relator, v. The Honorable William J. MARSH, Judge of the Circuit Court of Jackson County, Missouri, Sixteenth Judicial Circuit, Division One, Respondent.

Missouri Court of Appeals, Western District.

November 3, 1981.


Attorney(s) appearing for the Case

Danny L. Curtis and Joseph W. Lampo, Kansas City, for relator.

Marion W. O'Neill, Kansas City, for respondent.

Before SOMERVILLE, C. J., Presiding, and KENNEDY, SHANGLER, PRITCHARD, TURNAGE, CLARK and LOWENSTEIN, JJ.


KENNEDY, Judge.

This is a petition for a writ of prohibition against respondent circuit judge, to prohibit his vacating an earlier order which had dismissed the petition of plaintiff D. Jack Bean, Inc., in a cause pending before him. We issued our preliminary rule. We have concluded that the respondent judge was acting within his powers in vacating said order of dismissal, and the preliminary rule is discharged.

The facts are these:

D. Jack Bean, Inc...

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