STATE Ex Rel CARROLL v. REDDING

Plaintiff-relator (relator) is the defendant in an action brought by one Smith. Belator filed a motion to quash the service of summons in that action which the defendant, as judge of the circuit court, overruled. Belator then petitioned this court for the issuance of an alternative writ of mandamus directing defendant to quash the service of summons or to show cause why he had not done so. This court accepted jurisdiction and issued the alternative writ to which defendant answered and relator in turn replied, thus putting at issue the effectiveness of the service in the original case.

Belator…