State ex rel. Spokane & Eastern Trust Co. v. Superior Court

Citations

• 109 Wash. 634
• 187 P. 358
• 9 A.L.R. 157
• 1920 Wash. LEXIS 938

Syllabus

<p>Appeal (62)-—Final Orders—Prohibition. A writ of prohibition is a special proceeding and from a final judgment an appeal may be taken to the supreme court under Rem. Code, § 1033.</p> <p>Appeal (244)—Supersedeas—By Supreme Court—-Discretion-Merits oe Appeal. Upon appeal from the denial of a writ of prohibition, supersedeas, while discretionary, will ordinarily be granted if necessary to preserve the status quo or the fruits of the appeal, but only after the discretion is exercised upon an examination into the application for the supersedeas to determine whether the appellant’s substantial rights will be injured. .</p> <p>Same. The proper exercise of the discretion of the supreme court to grant a supersedeas in aid of its appellate jurisdiction requires a denial of the supersedeas if the court determines there is no substantial basis for the appeal.</p> <p>Witnesses (3)—Subpoena Duces Tecum—Risht to. A witness subpoenaed duces tecum cannot refuse to produce books which are shown to be material, on the ground of their immateriality, if they are not confidential or of a privileged character.</p> <p>Same. A showing that books were necessary to enable a referee to make his findings of fact and report upon an accounting and that no other source was accessible, is sufficient to justify the issuance of a subpoena duces tecum.</p> <p>Same. A witness subpoenaed duces tecum cannot refuse to produce the documents on the ground of their inadmissibility or <5f their weight as evidence.</p> <p>Same. Noncompliance with a subpoena duces tecum cannot be excused on the ground of the inconvenience to the witness.</p> <p>Same. It is not a valid objection to a subpoena duces tecum to produce the books of a bank before a referee that they contain confidential communications with other parties which may be made public, since it is presumed that the referee will not permit any such improper use of the records.</p>