State Ex Rel. Erbs v. Oliver

[ 129] Prohibition to prohibit respondent Judge from proceeding in two mechanics’ lien suits at law which he ordered consolidated with a previously filed equitable mechanics’ lien action. The preliminary rule in prohibition of the Springfield Court of Appeals was made absolute (State ex rel. Erbs v. Oliver, 230 S. W. (2d) 799); but on application of respondent we transferred the cause.'

Eelators were defendants in the mechanics’ lien suits at law, and also in the equitable action, except Leona Erbs who later acquired title to the property involved. Originally there were two separate…