VAUGHAN v. BROADFOOT

No. 196.

149 S.E.2d 37 (1966)

267 N.C. 691

M. H. VAUGHAN and J. Lansing Smith, Partners, t/d/b/a Vaughan and Co. v. William G. BROADFOOT, Jr. and Cape Fear Telecasting, Inc.

Supreme Court of North Carolina.

July 6, 1966.


Attorney(s) appearing for the Case

Stevens, Burgwin, McGhee & Ryals by Karl W. McGhee, Wilmington, for plaintiff appellants.

Aaron Goldberg, Wilmington, for Cape Fear Telecasting, Inc., defendant appellees.


SHARP, Justice.

This appeal presents only the question whether the trial judge erred in quashing the subpoena duces tecum. To answer it, we must consider the history and purpose of this process.

The subpoena duces tecum, an ancient writ well known to the common law, is the process by which a court requires the production at the trial of documents, papers, or chattels material to the issue. 8 Wigmore, Evidence § 2200 (McNaughton rev. 1961...

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