Magel v. Kulczynski

Appellant is the plaintiff in a suit for damages arising from an automobile collision which resulted in the death of plaintiff’s decedent. On this appeal mandamus is sought to compel the circuit judge to modify and enlarge the scope of an order granting plaintiff the right to take the deposition of defendant in advance of the trial as provided in Court Rule No. 41 (1933). In part the rule reads:

‘ ‘ On application, notice and hearing, any court of record may, in its discretion, in any civil action therein pending at any time before trial, authorize and order the taking of the deposition of the…