Kornblum v. Southern Pac. Co.

INCH, District Judge.

Plaintiff commenced this common-law action against defendant in the state court. It was removed to this court. Plaintiff has served an alleged subpoena on defendant and has also served what is termed by plaintiff, from copy of tbe paper submitted, as a “notice for examination of defendant as an adverse party before trial.”

Defendant now moves for an order vacating said notice of examination before trial and setting aside tbe said subpoena issued pursuant thereto.

This cause having been duly removed to this court, it must have a free band to dispose of such motions.…