State ex rel. Ozark Cooperage & Lumber Co. v. Wurdeman
Missouri Court of Appeals
Original Proceeding in .Prohibition. (1) An application for a subpoena duces tecum for an inspection or for the production of documentary evidence, must so state the facts as that the court may therefrom determine the materiality and necessity thereof. It is not enough to say that they are material or necessary, because the court, and not the litigant, must determine that question.
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Original Proceeding in .Prohibition. (1) An application for a subpoena duces tecum for an inspection or for the production of documentary evidence, must so state the facts as that the court may therefrom determine the materiality and necessity thereof. It is not enough to say that they are material or necessary, because the court, and not the litigant, must determine that question. State ex rel. v. Trust Co. (oral opinion of the Supreme Court cited as so holding in State ex rel. v. Tobacco Co., 177 Mo. 43); United States v. Railroad Assn., 154 Fed. 268; 4 Ency. of Evidence, pp. 816-819;…
1Opinion of the Court
NORTON!, J.
Thisi s an original proceeding in prohibition. From the preliminary writ and the respondent’s return thereto, it appears there is no controversy touching the facts.
The respondent is judge of the circuit court of St. Louis county and presides in division No. 2 thereof. There is pending in that court the case of George W. Walker v. Frederick S. Charlot et al., wherein it is alleged that the plaintiff in that suit recovered a judgment -several years ago against the Ozark Cooperage Company; that Frederick B. Chariot and others named in the petition constituted the president and board…
2Cases cited5 opinions
- State ex rel. Dunham v. NixonSupreme Court of Missouri · 1910
- Ex parte BrownSupreme Court of Missouri · 1880
- State ex inf. Crow v. Continental Tobacco Co.Supreme Court of Missouri · 1903
- People ex rel. Sampson v. DunningAppellate Division of the Supreme Court of the State of New York · 1906
- United States v. Terminal R. Ass'nU.S. Circuit Court for the District of Eastern Missouri · 1907
3Cited by3 opinions
- State Ex Rel. Miller v. O'MalleySupreme Court of Missouri · 1938
- State Ex Rel. St. Louis Union Trust Co. v. SartoriusSupreme Court of Missouri · 1943
- State ex rel. Burke v. ScottSupreme Court of Missouri · 1953