Nolan v. Grider

Action for Disobedience to Subpcena—Pleading—Insufficient Complaint—Construction of Code.—A complaint in an action based on section 1992 of the Code of Civil Procedure, to recover the statutory penalty and damages for alleged disobedience to a subpoena duces tecum issued by a notary to take evidence in a case pending in the justice’s court, which does not state any facts showing the nature of the pending case, nor the relevancy of the instruments described in the subpcena, nor the materiality of the testimony of the witness to any issue in the case, does not show that the plaintiff is a “party aggrieved,” or that he has “sustained damages,” within the meaning of the code, and does not state a cause of action.