Mulhern v. Circuit Judge

To vacate an order dismissing proceedings for tbe taking of defendant’s testimony, in a suit in which relator is plaintiff, under Act No. 181, Laws of 1895.

Denied February 2, 1897, with costs.

Before filing tbe declaration relator bad given a notice to which was attached an affidavit, stating that discovery was sought to enable plaintiff to plead. Defendant moved to dismiss; an order was entered staying proceedings, but. pending decision plaintiff filed her declaration, and, after issue joined, made a second attempt to bring defendant before a circuit court commissioner.

The court dismissed the…