tbe question, "Tbe bank: bas no objection to complying with tbe subpoena; tbey are simply standing on tbe objection made by counsel, I understand?" tbe bank's attorney answered; "That is tbe situation. There is no objection except tbe legal •objection."
There is also involved in tbe case tbe subpoena duces tecum for tbe books of tbe Trader's National Bank, now in tbe custody of tbe Spokane & Eastern Trust Company. What we have said in this opinion applies equally to the books and records of tbe Trader's National Bank.
This examination into tbe facts of tbe case indicates to us clearly that tbe appeal is without merit, and therefore, in tbe exercise of our discretion, tbe application for a writ of mandate to compel tbe issuance of supersedeas on appeal is denied.
Holcomb, C. J., Mitchell, Parker, and Main, JJ., concur.