Stimson v. Cathedral Mining & Smelting Co.
Supreme Court of Missouri
Error to Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) The order of the court striking the answer of the defendants from the files because of failure to produce certain books and papers for inspection was void and not authorized by law, since it does not appear that the defendants had refused at any time to furnish books and papers “designated by the plaintiff, ’ ’ and because section 1948, R. S. 1909, upon- the authority of which such order was made, does not…
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Error to Jasper Circuit Court. — Eon. D. E. Blair, Judge. (1) The order of the court striking the answer of the defendants from the files because of failure to produce certain books and papers for inspection was void and not authorized by law, since it does not appear that the defendants had refused at any time to furnish books and papers “designated by the plaintiff, ’ ’ and because section 1948, R. S. 1909, upon- the authority of which such order was made, does not authorize a pleading to be stricken from the files, and furthermore because said statute is unconstitutional and inoperative,…
1Opinion of the Court
RAILEY, C.
Plaintiff sued defendants in division two of the Jasper Circuit Court, on January lip 1910. The purpose of said action was to obtain a judgment against the Cathedral Mining and Smelting Company, on bonds amounting to $10,000, with interest on certain bonds executed by said mining company and secured by a deed of trust on certain property, and to foreclose the equity of redemption of said company, Edward K. Hill, Howard Gray, Empire Trust Company, and Harry W. Blair, and to order said property sold. The petition alleges that plaintiff is informed that Edward K. Hill, George W.…
2Cases cited4 opinions
- Belkin v. RhodesSupreme Court of Missouri · 1882
- Cuebas v. CuebasSupreme Court of the United States · 1912
- Atkinson v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1883
- Glover v. American Casualty Insurance & Security Co.Supreme Court of Missouri · 1895
3Cited by2 opinions
- Wenzel v. WenzelMissouri Court of Appeals · 1955
- Jeans v. JeansMissouri Court of Appeals · 1958