Carter v. Wakeman

Mr. Chief J ustice Moore

delivered the opinion.

This is a second appeal by plaintiff from a judgment rendered against her, a statement of the case appearing in the former opinion : Carter v. Wakeman, 42 Or. 147 (70 Pac. 393). Prior to the last trial, defendant’s counsel, desiring to take the depositions of W. P. Hillis and Sarah C. Wakeman, filed affidavits showing the materiality of the testimony expected to be secured from such persons and of their inability to attend as witnesses in consequence of *428the decrepitude of each, and, based thereon, the court made an order permitting their…