Egilbert v. Superior Court

CHIPMAN, P. J.

The petition shows: That on April 10, 1907, a petition for a writ of mandate was filed in defendant court, and thereafter, to wit, on May 22, 1907, a peremptory writ was issued put of said court, directed to affiant, as secretary of the Pacific Power Company, commanding affiant “as such Secretary immediately after the receipt of said writ to permit one T. W. H. Shanahan, at whose instance and in whose behalf said peremptory writ of mandate was granted, to inspect all of the books ... of the Pacific Power Company”; that said peremptory'writ was served on affiant on May 25, 1907; that prior to May 18, 1907, affiant was secretary of said company, but resigned as such secretary, and his resignation was accepted on said May 18th, and at no time thereafter was he such secretary or in possession of or had control of said books. It next appears that on the —— day of June, 1907, said Shanahan made and filed in said court an affidavit setting forth in substance the foregoing facts; that he had made demand for the production and inspection of said books by virtue of said writ after service thereof on petitioner herein, but was not furnished access to or allowed to inspect said books, and that the said Shanahan prayed for an order of court requiring said Bgilbert to show cause before said, court on June 14, 1907, why he should not be punished for contempt of said court for failing and refusing to obey said writ; that affiant (petitioner herein) thereupon made and filed his affidavit in said court setting forth the fact of his resignation as such secretary and the acceptance thereof on May .18, 1907, and that since said day he had not had the custody or control of said books and “that at the time of the service of said writ of mandate and demand and at all times thereafter, said affiant W. D. Bgilbert was unable to produce or submit for inspection said books”; that on said June 14, 1907, affiant appeared in response to said order of said court and a hearing was had and evidence introduced in relation thereto; that at said hearing said Bgilbert offered to produce evidence that his resignation as such secretary “was made without any intent or effort on his part to evade

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or render null or of no effect the order of said Superior Court, but said Superior Court thereupon refused to receive or admit such evidence”; that the fact that said Egilbert did not have the care or custody of said books was not controverted at said hearing; that the said court made findings in said proceeding and found that said Egilbert resigned from his said office on May 18, 1907, and it was not found or determined that he so resigned for the purpose of evading any order of the court or that he did not resign in good faith; that petitioner was adjudged to be guilty of contempt and as punishment was fined in the sum of two hundred dollars and in default of payment to be imprisoned one day for each two dollars thereof.