Eckerle v. Wood
Missouri Court of Appeals
Original Action in Prohibition. (1) Tbis is a proceeding to obtain a writ of prohibition to forbid the taking of depositions by defendant, Augustus M. Wood, a notary public in the city of St. Louis, Missouri. Summing up sections 74-77, it is apparent that they provide a summary mode for the discovery of assets — -that procedure, in the first instance, under these sections is within the exclusive jurisdiction of the probate court, goes without saying.
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Original Action in Prohibition. (1) Tbis is a proceeding to obtain a writ of prohibition to forbid the taking of depositions by defendant, Augustus M. Wood, a notary public in the city of St. Louis, Missouri. Summing up sections 74-77, it is apparent that they provide a summary mode for the discovery of assets — -that procedure, in the first instance, under these sections is within the exclusive jurisdiction of the probate court, goes without saying. It is further apparent that, in that court, the issue is upon the written interrogatories and the answers, in writing, thereto, and it is too…
1Opinion of the CourtBarclay, J.
This is a proceeding to obtain a writ of prohibition to forbid the taking of depositions by defendant, Mr. Wood, a notary public in the city of St. Louis, Missouri.
The plaintiff is Mr. Frederick N. Eekerle. The defendants are. Mr. Augustus M. Wood, the above named notary, the St. Louis Trust Company (executor of the estate of Catherine Linze, deceased) and Henry H. Linze. The last was the husband of said Catherine.
The matter in which the depositions are sought to be taken is an inquiry under the administration law (secs. 74-78, R. S. 1899) for the discovery of assets, said to be wrongfully…
2Cases cited9 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Ex Parte TowlesTexas Supreme Court · 1877
- Case of the Sewing MacHine CompaniesSupreme Court of the United States · 1874
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
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3Cited by6 opinions
- State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
- Davis v. JohnsonSupreme Court of Missouri · 1933
- Missouri-Kansas-Texas R. Co. of Texas v. JonesTexas Commission of Appeals · 1930
- Ex Parte GfellerSupreme Court of Missouri · 1903
- Kearney Commercial Bank v. DeiterMissouri Court of Appeals · 1966
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