State ex rel. Fidelity Phenix Fire Ins. Co. of New York et al. v. Barnett

• Decision Date: 23 December 1911
• Parties: STATE ex rel. FIDELITY PHENIX FIRE INS. CO. OF NEW YORK et al. v. BARNETT, Judge.
• Court: Missouri Supreme Court

143 S.W. 501

STATE ex rel. FIDELITY PHENIX FIRE INS. CO. OF NEW YORK et al. v. BARNETT, Judge.

Supreme Court of Missouri.

December 23, 1911.

Rehearing Denied January 27, 1912.

In Banc. Prohibition by the State, on the relation of the Fidelity Phenix Fire Insurance Company of New York and another, against James D. Barnett, Judge. Denied.

Fred Herrington and Robertson & Robertson, for relators. Barclay, Fauntleroy & Cullen, for respondent.

WOODSON, J.

The essential facts of this case and the legal principles underlying them are substantially the same as those involved in the case State ex rel. Pacific Mutual Life Insurance Company, Petitioner, v. J. H. Grimm, Judge, Respondent, 143 S. W. 483, decided by this court, in banc, at the present term, but not yet officially reported. By consent of parties, it was submitted on briefs in connection with that case. We have carefully considered this case, and have found no fact or principle of law governing the same which leads to a different conclusion from what was reached in that case.

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.