State ex rel. Ames v. Barclay
Supreme Court of Missouri
Prohibition, (1) The questions which Henry Ames refused to answer before the referee were irrelevant and immaterial to the purpose for which the law permitted the examination to be ordered, and Henry Ames had a legal right to refuse to answer them. (2) The statute in question in. this case must be subjected to a strict construction. Its means and end cannot be expanded or added to by favorable implication or presumption.
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Prohibition, (1) The questions which Henry Ames refused to answer before the referee were irrelevant and immaterial to the purpose for which the law permitted the examination to be ordered, and Henry Ames had a legal right to refuse to answer them. (2) The statute in question in. this case must be subjected to a strict construction. Its means and end cannot be expanded or added to by favorable implication or presumption. Dwarris on Statutes, 259; Webber v. Hobbie, 18 N. Y. Pr. Rep. 838 j Fowler v. St. Joseph, 37 Mo. 228; Ex parte Donaldson, 44 Mo. 149. (3) The construction put upon the…
1Opinion of the CourtBlack, J.
— Judgment was recovered against Henry Ames for some six hundred dollars, execution was issued thereon and returned nulla bona. The judgment creditor, in due form, applied to the St. Louis circuit court for an order for the examination of Ames, touching his means and, ability to pay the judgment, under sections 2410 to 2,411, Revised Statutes. Mr. White was appointed ref eree, under section 2411, to conduct the examination and report the evidence. Ames disclosed real-property situate in Franklin and Washington counties. *57He, also, stated that he owned personal property to a large amount,…
2Cases cited3 opinions
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Ex Parte CrenshawSupreme Court of Missouri · 1883
- Roberts v. StonerSupreme Court of Missouri · 1853
3Cited by7 opinions
- State v. TaylorSupreme Court of Missouri · 1934
- In re KinsolvingMissouri Court of Appeals · 1909
- In re KnaupSupreme Court of Missouri · 1898
- Ackerman v. GreenSupreme Court of Missouri · 1907
- State Ex Rel. Strodtman v. HaidSupreme Court of Missouri · 1930
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