State Ex Rel. Batt v. Rome

A writ of certiorari issued herein, and the matter is now before us on the relator’s application, the documents attached thereto, and the briefs of -relator and respondent, Edmund Rome.

The issue presented is whether or not'the respondent, who contemplates filing a damage suit against the relator, can perpetuate the testimony of relator, under the provisions of C. P. art. 440, as amended by Act 112 of 1914, subject to the restrictions of Act 126 of 1908.

Upon the application of respondent the court issued the following ex parte order:

“Considering the foregoing petition, and the accompanying…