Ex Parte Abbott

Opinion of the court by

Tabsnev, J.:

In a cause pending in the district court of Oklahoma county, wherein Nathan & Manhei-mer were plaintiffs, and Chandler 0. Abbott, the petitioner, and others, were defendants, the plaintiffs gave notice of the taking of depositions before the probate judge of Oklahoma county. A subpoena was duly issued by said judge, and served upon the petitioner, requiring him to appear before the said judge of probate to give testimony in said cause. In obedience to the subpoena he appreared,- but refused to be sworn or to tesitfy —first, because he was a defendant in the…