State ex rel. American Manufacturing Co. v. Anderson
Supreme Court of Missouri
Prohibition. (1) The only provision in our Code of Procedure, conferring any authority upon our circuit courts similar to that attempted to be exercised here, is Sec. 1944, R. S. 1909, which reads: “Every' court or judge thereof shall have power to compel any party to a suit, pending therein to produce any books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defense therein.”
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Prohibition. (1) The only provision in our Code of Procedure, conferring any authority upon our circuit courts similar to that attempted to be exercised here, is Sec. 1944, R. S. 1909, which reads: “Every' court or judge thereof shall have power to compel any party to a suit, pending therein to produce any books, papers and documents in his possession or power, relating to the merits of any such suit, or of any defense therein.” If the order of the court in the instant case g’oes further than this provision of our code, it is inconsistent with the code and the court exceeded its powers in…
1Opinion of the CourtWoodson, J.
— This is an original proceeding brought in this court by the relator, seeking to prohibit Hon. Thomas L. Anderson, judge of the circuit court of the city of St. Louis, from enforcing an order theretofore made by him in the case of Kalenik Zasemowich v. American Manufacturing Company, a cor*536poration, the relator here, requiring defendant to permit plaintiff and his counsel to visit its.'plant, to enter upon its premises with experts and photographers to inspect, measure, make drawings and take photographs of certain portions of its plant and machinery, for the purpose of being used as evidence…
2Cases cited15 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Montana Co. v. St. Louis Mining & Milling Co.Supreme Court of the United States · 1894
- Johnston v. Southern Pacific Co.California Supreme Court · 1907
- Clark v. Tulare Lake Dredging Co.California Court of Appeal · 1910
- Shepard v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Proceedings Against Richards for DisbarmentSupreme Court of Missouri · 1933
- Union Trust Co. v. Superior CourtCalifornia Supreme Court · 1938
- State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
- State Ex Rel. Lichtor v. ClarkMissouri Court of Appeals · 1992
- Atkinson v. United Railways Co.Supreme Court of Missouri · 1921
13 more not listed; retrieve them via the Exa API.