[DOWNLOAD] "Southern Pacific Co. V. Superior Court Of Los Angeles County" by Supreme Court Of California In Bank ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Southern Pacific Co. V. Superior Court Of Los Angeles County
• Author : Supreme Court Of California In Bank
• Release Date : January 12, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

CURTIS, J. By this proceeding, petitioner seeks to prohibit the Superior Court of the County of Los Angeles from requiring petitioner to obey a certain subpoena duces tecum directed to a representative of petitioner in an action entitled, " Raymond Houch v. Southern Pacific Company et al. " Said  subpoena was issued by the clerk of said superior court upon the application of the plaintiff in said action, accompanied by an affidavit as required by section 1985 of the Code of Civil Procedure. No order of court was required by the rules of said court for the issuance of a subpoena duces tecum and no order of court was made directing the clerk of said court to issue the said subpoena. Petitioner promptly after the service of said subpoena upon said representative of petitioner, made a motion, upon due notice to the plaintiff in said action, to recall said subpoena, which was denied by said court. Thereupon petitioner instituted this proceeding to prohibit said superior court from requiring the defendants in said action to obey said subpoena. Said subpoena required petitioner to produce, "All the records of said Company relative to those accidents which have occurred on the line of said Company extending from Alhambra, California, to Duarte, California, and running generally through Arcadia and Monrovia, and, particularly, the permanent records of said Company upon which said reports of accidents are itemized, and schedules for the two years last past before the 25th day of February, 1938, and, further, those records which have been made individually by the crew, or members of each crew, where the equipment has been involved in an accident on said line, as above set out, during the last two years heretofore as indicated."

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