STATE v. ELLIOTT

No. 49453.

363 S.W.2d 631 (1963)

STATE of Missouri ex rel. Charles W. BUSH, Relator, v. Honorable R. Kenneth ELLIOTT, Judge of the Circuit Court, Division Two, Within and for the County of Clay, State of Missouri, Respondent, and Robert Gene Shipley, a Minor, By His Mother and Next Friend, Ella Mae Shipley, Parties to be adversely affected.

Supreme Court of Missouri, En Banc.

January 14, 1963.


Attorney(s) appearing for the Case

Sylvester Powell, Jr., Heilbron & Powell, Kansas City, for relator.

Thaine Q. Blumer, Blumer & Wright, Kansas City, for respondent.


STORCKMAN, Judge.

This is an original proceeding in prohibition. The relator who is the defendant in a personal injury action seeks to prohibit the respondent circuit judge from requiring him to answer an interrogatory propounded by the plaintiff which calls for the production of a copy of the defendant's motor vehicle liability insurance policy. The question presented involves a construction of Supreme Court Rules 56.01 and 57.01(b), V.A.M.R.

Robert Gene...

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