State Ex Rel. Appel v. Hughes

This cause having been reassigned, we adopt without quotation marks a statement of facts and issues prepared by one of our associates.

[1] This cause is in certiorari to quash the record and opinion of the St. Louis Court of Appeals in Gerber v. Appel et al. (Mo. App.), 164 S.W.2d 225. In such proceeding we look to the opinion only for the facts. State ex rel. Massman Construction Co. v. Shain et al., 344 Mo. 1003, 130 S.W.2d 491. Pleadings and documents referred to in the court of appeals opinion may be considered. State ex rel. Brotherhood of Locomotive Firemen and Enginemen v. Shain et al.,…