State Ex Rel. State Highway Commission v. McDowell

This is an original proceeding in prohibition. The provisional rule was issued by this court at the request of the State Highway Commission to respondent as Judge of the 28th Judicial Circuit of Missouri, and particularly as Judge of the Circuit Court of Mississippi County, Missouri. ' Respondent waived service of such rule and filed his return to our provisional rule, to which relator has filed its motion for judgment on the pleadings. There is, therefore, no issue of fact in this case.

There was pending in the Circuit Court of Mississippi County a certain condemnation proceeding, entitled…