State ex rel. Ken Reynolds Pharmacies, Inc. v. Pyle

BARDGETT, Judge.

This case was transferred by this court after opinion of the court of appeals, Springfield district, on application of respondent. Art. 5, sec. 10, Mo.Const., as amended 1970.

The case involves the prejudgment seizure of property by a secured creditor without the debtor having been given prior notice of the seizure or an opportunity to be heard. The court of appeals made absolute its writ of prohibition issued to respondent barring enforcement of his order of delivery in the replevin action out of which the case arose.

On November 3, 1973, Kenneth Reynolds and Betty Jo Reynolds,…