Smith v. Ferrario

Section 5315 of the Civil Code provides, that “In all counties of this State of twenty thousand inhabitants and upwards, either party litigant in any court of record in any such county may, without any order or commission, take the depositions of any witness or witnesses in said case, whether resident in the county or not, upon giving the opposite party five days notice of the time and place with the names of the witnesses.” The code also provides that such depositions may be taken before any of the commissioners appointed by the judge of the superior court. After providing that all motions…