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STATE v. KIRTLEY

No. 47338.

327 S.W.2d 166 (1959)

STATE ex rel. Harry J. NORTH, Relator, v. J. Marcus KIRTLEY, Judge of the Circuit Court of Jackson County, Missouri, Respondent.

Supreme Court of Missouri, En Banc.

September 14, 1959.

Attorney(s) appearing for the Case

Thomas M. Brandom, William S. Brandom, Stanley W. Baker, Kansas City, for relator.

Donald G. Stubbs, McKenzie, Williams, Merrick, Beamer & Stubbs, Kansas City, for respondent.

STORCKMAN, Judge.

This is an original proceeding in prohibition. The relator seeks to prevent the respondent circuit judge from committing him because of his refusal to testify during a hearing in circuit court.

Jesse Cole obtained a judgment for $4,169.60 against the relator Harry J. North in the Circuit Court of Jackson County. An execution was returned unsatisfied and the judgment creditor sought to examine the relator under oath touching his ability and...

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