State Ex Rel. Sisters of St. Mary v. Campbell

SIMEONE, Judge.

This is an original proceeding in prohibition in which the relator, Sisters of St. Mary, a corporation organized under the provisions of Chapter 352, RSMo, V.A.M. S. seeks to prohibit the respondent-judge “and his successors in office” from proceeding further in a cause of action for damages filed by Monty Smoot as plaintiff against the relator-defendant. Art. V, § 4, Mo.Const., V.A.M.S.

On July 6, 1973, Monty Smoot, husband of Sally A. Smoot, filed a petition in the circuit court of St. Louis County alleging the following pertinent facts:

1. That on or about January 25, 1968,…