State Ex Rel. Massman Construction Co. v. Buzard

This is an original proceeding in prohibition. Relator seeks to prohibit respondent Judge from proceeding, in the case of Nelson v. Massman Construction Company, to hear and determine the petition of respondent Deacy (hereinafter referred to as petitioner) to establish a lien for an attorney's fee, against the judgment in favor of Nelson, and to recover the amount thereof from relator.

The ground for prohibition is that petitioner has not stated a cause of action and under the admitted facts cannot state a cause of action. [State ex rel. Smith v. Joynt, 344 Mo. 686,127 S.W.2d 708; State ex…