State ex rel. McCulloch v. Taylor
Supreme Court of Missouri
Prohibition. (1) The writ of prohibition here should he made absolute, because the circuit court is without jurisdiction to issue a subpoena duces tecum for the production of books or papers before a special commissioner under tbe deposition statute; it being certain that taking testimony this way is entirely a statutory proceeding wherein the circuit court is not given power with respect to such taking of depositions further than to appoint such commissioner in the instance…
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Prohibition. (1) The writ of prohibition here should he made absolute, because the circuit court is without jurisdiction to issue a subpoena duces tecum for the production of books or papers before a special commissioner under tbe deposition statute; it being certain that taking testimony this way is entirely a statutory proceeding wherein the circuit court is not given power with respect to such taking of depositions further than to appoint such commissioner in the instance provided for by the statute and to pass upon any testimony that may be reported to the circuit court by the…
1Opinion of the CourtWalker, J.
— This is a proceeding by prohibition directed against one of the judges of the circuit court of the city of St. Louis to prevent him from compelling the attendance of relator as a witness before a special commissioner theretofore appointed by said court to take depositions under section 6390,,Revised Statutes 1909; and to require said witness to produce at the time of his attendance, for use in evidence, two certain letters alleged to have been received by him about March 25, 1914, from Frank E. Goodwin and wife, containing facts relevant and material to the issue in a certain libel suit…
2Cases cited1 opinion
- Ex parte MallinkrodtSupreme Court of Missouri · 1855
3Cited by7 opinions
- State Ex Rel. Thompson v. HarrisSupreme Court of Missouri · 1946
- State ex rel. Douglas v. TuneMissouri Court of Appeals · 1918
- State ex rel. Stroh v. KleneSupreme Court of Missouri · 1918
- State ex rel. Douglas v. ReynoldsSupreme Court of Missouri · 1919
- Venker v. HylerSupreme Court of Missouri · 1962
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