State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. Trimble
Supreme Court of Missouri
Prohibition. (1) The order made by respondent Judge Trimble, requiring the production of, and compelling relator to submit, the records and documents in said order mentioned to the said Cora Sells and her attorneys for inspection, and permitting copies to he made therefrom, was void. Said order was made without jurisdiction.
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Prohibition. (1) The order made by respondent Judge Trimble, requiring the production of, and compelling relator to submit, the records and documents in said order mentioned to the said Cora Sells and her attorneys for inspection, and permitting copies to he made therefrom, was void. Said order was made without jurisdiction. The petition upon which it was made was fatally defective and insufficient to confer jurisdiction, for the'following-reasons: (a) Said petition did not state facts showing the materiality of the evidence sought. R. S. 19091, secs. 1944-1948; State ex inf. v. Tobacco Co.,…
1Opinion of the CourtWoodson, J.
This is an original proceeding instituted in this court by the relator to prohibit the respondents from compelling the former to produce for inspection, certain records, documents and papers in its possession, pertaining to its business, as evidence in a certain cause pending in the circuit court of Carroll county, wherein Cora Sells is the plaintiff and the relator is the defendant, for the purpose of recovering $10,000:, damages sustained by her through the alleged negligence of the company in killing her husband, John Sells. •
To the petition for the writ, the respondents filed a return…
2Cases cited3 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- State ex rel. McCurdy v. SloverSupreme Court of Missouri · 1895
- State ex rel. Hofmann v. ScarrittSupreme Court of Missouri · 1895
3Cited by17 opinions
- State Ex Rel. Terminal Railroad v. FlynnSupreme Court of Missouri · 1953
- State Ex Rel. Schlueter Manufacturing Co. v. BeckSupreme Court of Missouri · 1935
- State Ex Rel. Page v. TerteSupreme Court of Missouri · 1930
- State Ex Rel. Thompson v. HarrisSupreme Court of Missouri · 1946
- State Ex Rel. Kramer v. CarrollMissouri Court of Appeals · 1958
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