In re the Application for the Removal of Magoun

Petty, S.

The preliminary motion is to strike from an affidavit submitted in support of the defense to this application certain matter as scandalous. Such matter consists of questions asked one of the petitioners herein, upon cross-examination in' an action in another court in which she was called,as a witness de bene esse and her answers thereto. Her answers, if in the affirmative, would seriously reflect upon her character. The sole issue in this proceeding is the nonresidence of the respondent and the matter referred to is clearly irrelevant and immaterial to this issue. It is insisted,…