State ex rel. Franklin & Abbeville R. R. v. Allen

Citations

• 104 La. 301

Syllabus

<p>Syllabus.</p> <p>1. If the books of a corporation, which is a party to pending litigation, ara at their' place of business in the parish where the suit is pending, and in the custody of one of their officials in such parish, the process of the court to reach these books and have them produced in court will lie, notwithstanding the nominal or legal domicil of the corporation may be in another parish.</p> <p>2. An order tor the pl-oduction of books in court should describe such books, papers and documents as are wanted, and where the order is general in terms, directing the production of “all the books,” timely objection on that ground should be made before the trial court to the execution of such an order and should, notwithstanding, the general order be persisted in, seasonable application to this court for its intervention to correct the proceedings would meet with ready response.</p> <p>3. But where the party complaining, raises no such objection in the trial court, but produces the books, and only after the same are in the custody of the court and under examination by the party calling for them, bethought himself to raise it and then seek the aid of this court through its remedial and supervisory writs to set aside the order of production, no case is presented entitling him to the relief sought.</p>