Legal Opinion

State ex rel. Stroh v. Klene

Supreme Court of Missouri

Decided December 19, 1918PublishedCited by 7 opinions

Prohibition. The circuit court erred in requiring relators to produce documents for examination before the special commissioner taking depositions, and thereby exceeded its jurisdiction, (a) The law confers no such power on that court. Secs. 1944-1949, R. S. 1909; State ex rel. v. ' Taylor, 268 Mo. 312, 319. The order of production violates Section 11 of Article 2 of Missouri Constitution, because it compels production of irrelevant evidence.

Read the full summary

Prohibition. The circuit court erred in requiring relators to produce documents for examination before the special commissioner taking depositions, and thereby exceeded its jurisdiction, (a) The law confers no such power on that court. Secs. 1944-1949, R. S. 1909; State ex rel. v. ' Taylor, 268 Mo. 312, 319. The order of production violates Section 11 of Article 2 of Missouri Constitution, because it compels production of irrelevant evidence. Holcombe v. Hewson, 2 Campbell, 391; Bain v. Cla«!f 39 Mo. 252, 256; Paramore v. Lindsey, 63 Mo. 63, 65; Henry y. Woods, 77 Mo. 277, 281; Griggs v.…

1Opinion of the CourtWalker, J.

This proceeding is based on an application filed in this court by relators for a writ of prohibition. It is directed against respondents, Judges Klene and Garesche, of the circuit court of the city of St. Louis, and the Portage Rubber Company, the plaintiff in an action pending in the circuit court of that city, and out of which this proceeding arises. One of these judges succeeded the other in the discharge of judicial duties in the division of the circuit court during the pendency of this suit in which their exercise of jurisdiction is impugned.

The Portage Rubber Company, a corporation,…

2Cases cited3 opinions

  1. Ex parte MallinkrodtSupreme Court of Missouri · 1855
  2. Patterson v. FaganSupreme Court of Missouri · 1866
  3. State ex rel. McCulloch v. TaylorSupreme Court of Missouri · 1916

3Cited by7 opinions

  1. State Ex Rel. Phillips v. BartonSupreme Court of Missouri · 1923
  2. State Ex Rel. Thompson v. HarrisSupreme Court of Missouri · 1946
  3. State Ex Rel. Siegel v. StrotherSupreme Court of Missouri · 1956
  4. Venker v. HylerSupreme Court of Missouri · 1962
  5. Orton v. PoeConnecticut Superior Court · 1954

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API