Ex parte Duggan

This is a petition for mandamus filed originally in this court.

The background of this proceeding need not be related, as it is set out in the case of Ex parte Joiner, Ala.Sup., 64 So.2d 48.

In brief filed on behalf of petitioner in support of her insistence that the peremptory writ should issue, it is said that the legal questions involved are as follows:

*454“1. Whether- or not the amendment to Section 491 of Title 7 of the Code -of Alabama of 1940 will now authorize the taking of testimony of an adverse party to a suit either in fact or in anticipation. ■

“2. If Section 491 of Title 7 of the Code…