State Ex Rel. Busby v. Cowan

This is an original proceeding in prohibition. Upon the filing of the petition for the writ we issued our preliminary rule. Respondent filed a return, raising issues of law, whereupon, relator filed his motion for judgment on the pleadings. Under the circumstances, the facts stated in the petition for the writ will be taken as true. [State ex rel. v. Caulfield, 234 Mo. 331.]

These facts show that respondent is one of the Judges of The Circuit Court of Jackson County, Missouri; that on October 20, 1936, one Madalyn Busby filed a suit in equity against the relator in the Circuit Court of Jackson…