eBook details
- Title: William N. Pollard v. H. R. Swenson
- Author : Supreme Court of Missouri Division 2
- Release Date : January 13, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff filed in the Circuit Court of Cole County what he labeled ""Petition for Declaratory Judgment."" Reference is also made in the petition to an application for Quo Warranto. The petition is inartfully drawn and contains allegations in the form of Conclusions and which are argumentative in nature. However, when we glean out the extraneous matter, plaintiff has alleged, in substance, that he is a prisoner in the Missouri State Penitentiary who seeks to institute a post-conviction legal proceeding to challenge the validity of the judgment pursuant to which he is being held in confinement; that he has arranged to have sent to him photostatic copies of certain army medical records which he asserts are necessary and material to his application for relief; and that the warden and assistant warden of the penitentiary have taken possession of the copies of those records and refuse to permit plaintiff to copy them or use them in connection with his contemplated legal proceeding. The prayer was that the court order that plaintiff's ""mental documents and records to be properly restored and delivered to so that he may proceed to petition for relief of grievances from his prison imprisonment."" Attached to the petition was an ""Application for Subpoena Duces Tecum"" in which plaintiff requested that the warden of the penitentiary be required to produce from his office ""all mental records and documents"" concerning plaintiff for inspection by the court. No responsive pleading was filed, but the trial court entered its order as follows: ""Application for subpoena duces tecum, for declaratory judgment and for Quo Warrantor denied."" Thereafter, plaintiff timely filed his notice of appeal to this court.