People ex rel. Heller v. Heller

Pending habeas corpus proceeding. Motion by the relator for examination of the defendants before “ trial ” pursuant to article 29 of the Civil Practice Act (§ 288 et seq.). The question presented for decision by this application is whether such a procedure is authorized by said article 29. Section 288 is inapplicable as it relates to testimony by deposition during the pendency of an action. If such an examination is permissible at all, section 308 of the act is the only applicable provision; it is entitled “ Depositions in special proceedings,” and reads as follows: ‘ ‘ Testimony may be taken…