People Ex Rel. Zalinger v. County Court

This application invokes the original jurisdiction of this court. The petitioner, a party to a civil action pending in the county court, was required by its order to appear at a certain time and place before a notary public to have his deposition taken as upon cross-examination. At the time fixed the petitioner, who was notified to appear before the notary public, objected to the proceeding upon the grounds that the provision of the Civil Code authorizing the deposition of a witness to be taken in advance of a trial does not apply where the testimony of a party to the action as on…