S.F. Gas & Elec. Co. v. Superior Court of S.F.

This is a proceeding in mandamus to compel the issuance of a commission to take the testimony of one Harry Orchard alias Barry—a prisoner confined in the penitentiary of Idaho—in order that his deposition may be used upon a new trial of an action in which the petitioner is defendant. The cause has been submitted upon the demurrer and answer filed by the judge of the superior court in response to our alternative writ.

The material facts to be considered are that on and prior to the seventeenth day of November, 1904, the petitioner was supplying gas to a building in San Francisco which on that…