State ex rel. Maryland Casualty Co. v. Allen

Supreme Court of Missouri

State ex rel. Maryland Casualty Co. v. Allen

143 S.W. 500, 239 Mo. 189, 1912 Mo. LEXIS 72

Supreme Court of Missouri·Decided January 27, 1912·Published

Opinion

WOODSON, J.

— The salient facts of this case are substantially the same as those in the case of State ex rel. Pacific Mutual Life Insurance Company v. Grimm, decided at this term by the court, In Banc, and reported at page 135 of this report. Both were by agreement submitted together, and we are of opinion that the conclusions reached in that case are controlling in this. We, therefore, deny the peremptory writ of prohibition and quash the preliminary rule heretofore issued.

All concur except Valliant, C. J., and Graves, J., who dissent in a separate opinion by the latter.

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WOODSON, J.

— The salient facts of this case are substantially the same as those in the case of State ex rel. Pacific Mutual Life Insurance Company v. Grimm, decided at this term by the court, In Banc, and reported at page 135 of this report. Both were by agreement submitted together, and we are of opinion that the conclusions reached in that case are controlling in this. We, therefore, deny the peremptory writ of prohibition and quash the preliminary rule heretofore issued.

All concur except Valliant, C. J., and Graves, J., who dissent in a separate opinion by the latter.

State ex rel. Maryland Casualty Co. v. Allen, 143 S.W. 500, 239 Mo. 189, 1912 Mo. LEXIS 72 (Mo. 1912).

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