Weidenfeld v. Hollins

This is a motion to vacate an order made herein on August 6, 1903, for the examination of the defendants Burke, Edey, Govin, Tilford and Sheldon before trial pursuant to section 873 of the Code of Civil Procedure. The order was granted upon the application and affidavit of William H. Butler, one of the defendants. Only Burke, Edey and Sheldon have been served with the order. The principal grounds upon which the motion is based are, that , the testimony sought is neither material nor necessary, and that the proposed examination is in the nature of an inquisitorial proceeding, and that its…