Bauter

Bauter v. Superior Court

Good Law
1907 Cal. App. LEXIS 163·6 Cal. App. 195·91 P. 749
Court of Appeal of CaliforniaAugust 5, 1907Civ. No. 385.California615 words

Opinion

Lead Opinion

Chipman, J.

It appears from the petition herein that petitioner was adjudged to be guilty of contempt in disobeying the writ of mandate issued in the proceeding referred to in the cause entitled W. D. Egilbert, Petitioner, v. Superior Court of Shasta County, No. 384, ante, p. 190, [ 91 Pac. 748 ], this day decided, in which this petitioner was not a party in any capacity and was not named therein.

It is alleged that petitioner was on May 18, 1907, elected as temporary secretary of the Pacific Power Company to fill a vacancy caused by the resignation of said Egilbert, until one A. A. Martin, who had been selected as permanent secretary, should be able to take such office; that a copy of the said writ was served on petitioner on May 28, 1907, and demand was then made upon him to produce and submit for inspection the books of said company; that petitioner replied to said demand that the books were not in his pos session or under his control, hut that he would produce them as soon as he could procure possession and control of them; that thereafter he made an arrangement with T. W. H. Shanahan (who had procured said writ to issue) to submit said books to him for inspection on June 10, 1907, but…

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