State ex rel. City of Springfield ex rel. Board of Public Utilities v. Conley

CLARK, Presiding Judge.

This is an action in prohibition seeking to restrain the circuit judge in Boone County from proceeding to try a counterclaim which relator asserts is duplicative of an action previously filed and now pending in Greene County between relator and Sho-Me Power Corporation. The issue presented calls for a decision as to whether, under the facts of the case as hereafter set out, the rule of abatement precludes dual litigation of a controversy in different courts as an affirmative cause in the one and as a counterclaim in the other. We hold that it does and therefore make the…