State Ex Rel. Green v. Kimberlin

HOLMAN, Judge.

This is an original proceeding in prohibition in which relator seeks to prevent respondent judge from adjudicating a third-party petition wherein relator is designated as the third-party defendant. The case is here on transfer under Art. V, Sec. 10, Mo.Const.1945, V.A.M.S. upon certification by a judge of the Court of Appeals, Kansas City District, that the majority opinion filed in that court is contrary to and in conflict with prior decisions of the Court of Appeals, St. Louis District, in State ex rel. C. F. Jacobs and Company v. Kelly, 335 S.W.2d 493 (Mo.App.1960), and State…