Ex parte Jaynes

Decided September 15, 1886

California Supreme Court · decided 1886-09-15

<p>Application for a writ of habeas corpus. The petitioner is an employee of the Western Union Telegraph Company, having charge of all telegrams transmitted from or received at the offices of the company in the cities of 8an Francisco and Oakland, and the town of San Rafael, in the state of California. On the 3d of February, 1886, a subpcena duces tecum was regularly issued out of the Superior Court of the city and county of San Francisco, in an action there pending, commanding him to search for and produce any and all telegrams transmitted to or from such places by a large number of persons therein named, between specified dates. This the petitioner refused to do unless the particular messages sought were identified. For his refusal, he was adjudged guilty of contempt of court, and committed to jail. The further facts are stated in the opinion of the court.</p>

Cited by 1 later decisions (1 by the Supreme Court) — most recently February 1928

Good law ✅— No negative treatment on recordhow we know

Decided 1886-09-15

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The Court.

¶1The petitioner was served with subpoena duces tecum, requiring him to produce telegraphic messages, but there was nothing to point his attention to any particular message or messages; he was required to search for and produce all messages from a number of persons to many other persons between certain specified dates. The service of the subpoena was an evident search after testimony. The petitioner was not bound to respond, and committed no contempt in failing to examine the papers under his control, to ascertain if any such messages had been sent or received.

¶2The petitioner is discharged.