State Ex Rel. Algiere v. Russell

Prohibition to prevent Circuit Judge from proceeding on a third party petition by Byers Transportation Corn- pany (hereinafter referred to as Byers) against relator (referred to as Algiere) as third party defendant. The question to be decided is whether a claim of indemnity, by a principal against an agent, is proper subject matter for a third party proceeding (under Sec. 847.20 „Mo. B. S. A.) in a case in which a third party asserts a claim for damages against the principal based on the agent’s negligence.

WiUiam Ball, as plaintiff, sued Byers (a common carrier of freight by motor vehicle)…