Burling v. Ogden

Hoffman, Justice.

Order to show cause why a commission to examine the defendant on his own behalf, he being a resident of Chicago, should not issue.

Issue was joined in this action on the 30th of June, 1856, and the cause was noticed for trial for the present term. On the 6th of May, inst., the plaintiff gave the defendant’s attorney notice that he intended to offer himself as a witness to *76prove certain facts, which he specifies, and which are oí importance to the issues. After this specification he adds: “ 4th, And to prove each and every allegation set forth in the complaint in this action.”

On…