State v. Standard Oil Co.
Nebraska Supreme Court
Original proceeding in injunction. Application for an order requiring the defendant to allow the attorney general to inspect and copy its boolcs and records to obtain evidence to maintain the allegations of the petition herein. This action is civil and not criminal in its nature. Mitchell v. State, 12 Nebr., 538. If the court should reacli the conclusion that this is a criminal action, it would have the effect of practically annulling the law.
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Original proceeding in injunction. Application for an order requiring the defendant to allow the attorney general to inspect and copy its boolcs and records to obtain evidence to maintain the allegations of the petition herein. This action is civil and not criminal in its nature. Mitchell v. State, 12 Nebr., 538. If the court should reacli the conclusion that this is a criminal action, it would have the effect of practically annulling the law. Then we could not subpoena the defendant to come into court to produce evidence against himself or itself, as the case might be. He could stand upon…
1Opinion of the CourtSullivan, J.
This is an original action instituted by the plaintiff ) prevent the Standard Oil Company, an Indiana corporation, from continuing to do business in this state. The question now before us for decision arises on the attorney general’s application for an order requiring the defendant to permit him to inspect and copy its books and records for the purpose of obtaining evidence to sustain the averments of the petition. Section 394 of the Code of Civil Procedure, under which the motion is made, provides: “Either party or his attorney may demand of the adverse party an inspection and copy, or…
2Cited by24 opinions
- Prendergast v. NelsonNebraska Supreme Court · 1977
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- Dwyer v. Omaha-Douglas Public Building CommissionNebraska Supreme Court · 1972
- State v. Central Lumber Co.South Dakota Supreme Court · 1909
- State ex rel. Martin v. HowardNebraska Supreme Court · 1914
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