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STATE EX REL. CUNNINGHAM v. LUTEN

No. 63897.

646 S.W.2d 67 (1983)

STATE ex rel. E.J. CUNNINGHAM, M.D., Relators, v. Honorable Drew W. LUTEN, Jr., Judge, Circuit Court, St. Louis County, Respondent.

Supreme Court of Missouri, En Banc.

February 23, 1983.

Attorney(s) appearing for the Case

John R. Boyce, Paul M. Brown, Coburn, Croft & Putzell, St. Louis, for relators.

Thomas R. Green and Patrick H. Gadell, St. Louis, for respondent.

DONNELLY, Judge.

This is prohibition.

On May 19, 1980, Citizens Bank of University City filed an action against E.J. and Elizabeth Cunningham to recover money owed on a promissory note which they had executed. On September 12, 1980, the bank filed for a default judgment, which was granted. On October 17, 1980, upon the Cunninghams' motion, the trial court set aside the default judgment because of defective service. On January 7, 1981, summons was issued and...

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