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State Ex Rel. George Morasch v. Honorable

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eBook details

  • Title: State Ex Rel. George Morasch v. Honorable
  • Author : Supreme Court of New Hampshire
  • Release Date : January 16, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

On December 10, 1980, Colleen Morasch filed a petition for damages against George Morasch. The petition for damages contained an instruction to the clerk of the court to: "Hold for entry--Do not serve." Colleen first requested service of process on December 14, 1981, one year and one day after the expiration of the applicable statute of limitation. 516.120(4), RSMo 1978. George filed a motion to dismiss, alleging Colleens cause of action was barred by the statute of limitation. Respondent Judge Kimberlin, after hearing the parties on the question, overruled the motion to dismiss. An application for prohibition was filed in the Western District of the Court of Appeals seeking to prohibit Judge Kimberlin from proceeding to trial. A preliminary order was issued by the Court of Appeals and, after briefing and argument, was made absolute. The cause was transferred to this Court on certification of a Dissenting Judge.


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