“Rule upon the plaintiff to show cause why he should not produce certain books, papers, and accounts at the trial of this cause . . . It was stated in the case of Bas vs. Steele, 3 Wash. C. C. Rep. 381, decided in this court, that to entitle the defendant to nonsuit the plaintiff at the trial, upon the ground of a non-production of papers, he must first obtain an order of the court, under a regular notice, that the papers should be produced. But the court did not decide whether such order must be absolute in the first instance.”