Ex Parte Brooks

LIVINGSTON, Justice.

The question in this proceeding is whether the authority conferred by sections 457 and 459, Title 7, Code of 1940, authorizes prior to the trial the taking of the depositions (either orally or by interrogatories) of a.woman litigant, at the instance and option of the party opposing her in the litigation.

To so hold would authorize such opposing party to require an oral examination of her, and thereby put her at a disadvantage in conducting her suit.

It seems to be generally held that a party may be used as a witness for his opponent and.be required to give evidence of…