Whereatt v. Ellis

The only question in this case is whether the plaintiff in the action has the right to take the deposition of the defendant before a court commissioner of the county of Eau Claire, the county in which the defendant resides. The action was commenced against the defendant in the county of Eau Claire, but the place of trial was changed to the county of Trempealeau on the application of the defendant. The notice to the defendant to appear and be examined b.efore S. W. McOaslin, Esq., a court commissioner of the county of Eau Claire, was duly served, and the defendant refused to appear and be…