111 S.W.2d 25 | Mo. | 1937
Lead Opinion
This is a proceeding in the Circuit Court of Cole County in prohibition to stop proceedings, in the justice of the peace court of Jefferson Township in said county, to have the State Treasurer summoned as garnishee on execution under a judgment of the Automotive Sales Company against Joseph L. Edwards. Temporary rule in prohibition was made absolute and defendant has appealed.
[1] The case was determined on the pleadings, which sufficiently *1041
present the sole question urged on appeal. This is stated by appellant as follows: "Does the Justice Court have the right and judicial authority to require the State Treasurer to submit to a legal writ of garnishment?" The answer to this question must be "no," because the State may not be sued without its consent. [State ex rel. State Highway Commission v. Bates,
The judgment is affirmed. Ferguson and Bradley, CC., concur. *1042
Addendum
The foregoing opinion by HYDE, C., is adopted as the opinion of the court. All the judges concur, except Hays, J., absent.