Legal Opinion

Ex parte Brockman

Supreme Court of Missouri

Decided March 2, 1911PublishedCited by 5 opinions

Habeas Corpus. . (1) A party, having once taken tbe deposition of Ms adversary, cannot, at mere will, invoke the processes of tbe law to compel bim to. submit to further examination, but must show a substantial reason to tbe court having jurisdiction of tbe cause, and obtain its order permitting such further examination.

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Habeas Corpus. . (1) A party, having once taken tbe deposition of Ms adversary, cannot, at mere will, invoke the processes of tbe law to compel bim to. submit to further examination, but must show a substantial reason to tbe court having jurisdiction of tbe cause, and obtain its order permitting such further examination. Kirby v. Cannon, 9 Ind. 371; Addelmán v. Swartz, 22 Ind. 251; Booth v. McJilton, 82 Ya. 827; Carter v. Edmonds, 80 Va. 58;Faut v. Miller, 17 Gratt. 188; Newman v. Kendell, 2 A. K. Marsh. (Ky.) 236. Snch is the reasonable interpretation of the statute law of this State. E. S.…

1Opinion of the CourtLamm, J.

Brockman (in the custody of Nolte, sheriff of St. Louis) sued out a writ of habeas corpus. By virtue of the order of Fox, C. J., he was admitted to bail pending hearing. The writ commanded said sheriff to produce his body at our bar, together with the time and cause of his imprisonment. By stipulation he waived the production of his body, agreeing to hold himself ready and willing to submit to our orders in the cause and to be dealt with according to law. The sheriff made return and petitioner answered. Subsequently, on motion, John A. Blevins, Esq., of the St. Louis Bar, was appointed…

2Cases cited2 opinions

  1. Ex parte DurbinSupreme Court of Missouri · 1890
  2. Ex parte RobertsSupreme Court of Missouri · 1901

3Cited by5 opinions

  1. State Ex Rel. Williams v. BuzardSupreme Court of Missouri · 1945
  2. State Ex Rel. Chase v. CalvirdSupreme Court of Missouri · 1930
  3. State Ex Rel. O'Connell v. NangleSupreme Court of Missouri · 1955
  4. Glenn v. HendrixMissouri Court of Appeals · 1961
  5. Ex parte AlexanderMissouri Court of Appeals · 1912

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