State Ex Rel. Davis Ex Rel. Davis v. Moss

FINCH, Jtidge.

This is an original proceeding in prohibition to prevent the Circuit Judge of Jefferson County, Missouri, from entertaining jurisdiction in, and from proceeding further with, a personal injury action between John R. Kauffmann, plaintiff, and Glen T. Davis, defendant. The basis asserted is that under Civil Rule 55.45(a), V.A.M.R., Kauffmann’s cause of action is a compulsory counterclaim in a prior suit filed by Davis against Kauffmann seeking damages alleged to arise out of the same automobile collision.

The petition for prohibition and the return thereto establish the following…