State ex rel. Emge v. Corcoran

SMITH, Commissioner.

We issued our preliminary writ prohibiting respondent from taking further proceedings requiring relator to deliver books and records of Authorized Brake Service, Inc. and Brake Supply Company, Inc. to their judgment creditor or its agents, accountants or attorneys. We are confronted with the narrow question: Does the Circuit Court have the authority to order a party to deliver its original books and records into the hands of its adversary ? We find no such authority.

General Brake Service Corporation had received a judgment in 1967 against Authorized and Brake Supply. Both…