State Ex Rel. Phoenix Land & Improvement Co. v. Coon

287 S.W. 623, 315 Mo. 712, 1926 Mo. LEXIS 771

Opinion

WALKER, J.

This is a proceeding in prohibition. The sole question involved is the right of a School District in Kansas City to dismiss a condemnation suit under the facts in that particular case. This court has, in the case of State ex rel. School District of Kansas City v. Phoenix Land & Improvement Company, 315 Mo. 775, ruled that the district in question has that power and the grounds relied upon by the relator for the issuance of the writ herein do not exist. Our preliminary rule is, therefore, discharged.

All concur, except Graves, J., absent.