State Ex Rel. Rabiste v. Southern

— This is an original proceeding in prohibition against respondent as judge of Division No. 5 of the Circuit Court of Jackson County. We issued our preliminary rule and therein referred to the petition for the facts. Respondent has filed his demurrer to such petition on the ground that it does not state facts sufficient to constitute a cause of action. Therefore, the facts well pleaded in the petition must be taken as true.

In the petition in this court Charles Rabiste, the relator, is designated as plaintiff, but we will-hereafter refer to him as “defendant,” as he was designated in the…