Lovasz v. Fowler

Jaycox, J.:

The plaintiff gave notice that he would take the testimony of several witnesses. The defendant thereafter moved to vacate the notice. This motion was based on an affidavit made by one of the attorneys for the defendant in which no facts are stated as to the residence or health of the witnesses. At the hearing upon the motion the attorney for the plaintiff filed his affidavit in opposition, in which it was alleged that it would be necessary upon the trial of this action for plaintiff to prove that one Hubbard B. Yetman was the agent of the defendant and that the only way the…