125 S.W.2d 851 | Mo. | 1939
This is an original proceeding in prohibition against Thomas J. Seehorn, Judge of Division No. 3 of the Circuit Court of Jackson County to prevent him from taking further action in the case of No. 132,950 entitled "Lionel Moise — Ex Parte" in which he had been and was intending to continue to exercise jurisdiction over the trust estate of Chauncey Wales Riggs, deceased. [1] To respondent's return relator filed a motion for judgment on the pleadings, which obviates any exceptions as to facts and leaves for decision only questions of law.
This is a companion case to the case of Timberline Wales Riggs et al. v. Daisy C. Moise et al.,
Relator then instituted this proceeding in prohibition.
[2] We have held in Riggs v. Moise,
This Division, No. 3, having no jurisdiction over said trust estate for the reasons set out in Riggs v. Moise, supra, the provisional rule *188 in prohibition heretofore issued against respondent should be made absolute and our writ in prohibition issued. It is so ordered. All concur, except Clark, J., not setting.