State Ex Rel. Westerheide v. Shilling

This is an original proceeding in this court for a writ of mandamus. It involves two questions: (1) The right of a party to a pending civil action to take the deposition of the opposite party, and (2) the right of re-lators to a writ of mandamus against the respondent district judge, who had consented to preside over the taking of the depositions, but had refused to compel the defendant to give his deposition.

Sophia G. Westerheide et al. sued Paul S. Frame et al. in the district court of Carter county. After summons was served on Frame, plaintiffs duly served notice to take depositions before…