State Ex Rel. Schwab v. Riley

HOLMAN, Chief Justice.

In this original proceeding in prohibition relator seeks to prevent the respondent, as Special Judge of the Circuit Court of Moniteau County, from proceeding further in the case of City of California, Missouri, vs. Walter H. Oesterly et al. Relator is a defendant in that case. The regular judge overruled a motion to dismiss, and respondent overruled a motion to stay proceedings, and we thereafter issued our provisional rule upon petition of relator.

The facts have been stipulated and a brief statement thereof will suffice for our decision. The City of California, Missouri…