Todd v. Silk Ass'n of America

Plaintiff obtained an order for the examination before trial of defendant, a corporation, by its secretary. Its secretary failed to appear *404as directed by the order, whereupon plaintiff moved to punish the defendant for contempt and to strike out its answer pursuant to the provisions of sections 853 and 874 of the Code of Civil Procedure. On the return day of this motion it appeared that a copy of the papers had not been served on the defendant’s attorneys, though it became evident on the hearing that they were apprised of the existence of the order and accompanying -affidavits and were…