Appeal from the Fourth District.

The books of Adams & Co. were, by an order of the Fourth District Court of this State, delivered to Naglee, receiver in the suit of Adams v. Woods et al. there pending, for the settlement of the partnership of that firm.

Franklin R. Pease filed affidavits, entitled Adams v. Woods et al., Fourth District Court, setting forth, among other-things, that he has commenced suit against the defendants, Woods et al. and others, in the Supreme Court of the State of New York, upon a large number of certificates of deposit, issued by defendants under the firm name of Adams & Co., at their various places of business in California; that these certificates have been endorsed by the several depositors, and that, as they are miners scattered around the country, it is impossible to prove their endorsements except by a comparison' of the handw-riting of the endorsements with the names of the depositors written upon the “ stump book ” of defendants, or the margin of the book out of which Adams & Co. cut all their certificates of deposit, that house always requiring the depositor to write his name in the margin of the leaf of this book where the number, date and amount, corresponding with the certificate, were entered. Upon these affidavits, Pease moved the Fourth District Court for an order requiring Naglee to attach to his deposition, to be taken in the suit of Pease pending in New York, the “ margins ” of said books which correspond with the certificates sued on. Counter affidavits were filed in the suit of Adams v. Woods el al., setting forth that these books and “ margins ” were essential to the settlement of the affairs of the firm, and were the only means Adams & Co. had of proving the genuineness of endorsements on their certificates, and of protecting themselves in cases where judgments had been obtained against them without filing the certificates.

The Court below made an order requiring Naglee to deliver the books to Wells, Fargo & Co., to be by them transmitted to New York for use on the trial of the suit of Pease, and then to be returned to Naglee, Pease giving bond for their safe return. From this order plaintiff appeals.