Fogg v. Fisk

— The affidavit on which the order was made very fully complies with all the requirements prescribed by section 372 of the Code, unless it may be that contained in the fourth subdivision of this section. And the appeal has been taken for the reason that the affidavit was considered defective in this respect. That subdivision requires it to be shown by the affidavit that the testimony of the person to be examined is material and necessary for the party making the application, or the prosecution or defense of the action. And by the affidavit detailing the circumstances as to which proof will be…