STATE EX REL. NORTON v. BALDWIN

No. WD 31907.

613 S.W.2d 208 (1981)

STATE of Missouri ex rel. William Harrison NORTON, Guardian of the Estate of Hise Norton Settle, Incompetent, now deceased, and William Harrison Norton, Named Executor in the Will of Hise Norton Settle, Relator, v. The Honorable Rollie R. BALDWIN, Judge of The Probate Division of the Circuit Court of Clay County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 2, 1981.


Attorney(s) appearing for the Case

John H. Norton, Kansas City (Norton, Pollard & Norton, Inc., Kansas City, of counsel), for relator.

J. Michael Dorsey, Kansas City (Stinson, Mag & Fizzell, Kansas City, of counsel), for respondent.

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


ORIGINAL PROCEEDINGS IN PROHIBITION

PRITCHARD, Judge.

Relator filed his application for writ of prohibition upon which a preliminary rule was issued, seeking to prohibit respondent judge from proceeding with regard to a Petition of Interested Party for Order to Require Administration in Clay County, Missouri, in the face of relator's application for change of judge. The issue is whether that application was timely filed.

The instant proceedings arise...

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