Nestle v. Fleming

Before pleading to a declaration, charging seduction and rape of a 14-year old girl, attorneys for defendant desired information as to the time, place, and circumstances of the alleged seduction and carnal knowledge, and to that end gave notice of taking the deposition of the girl under Court Rule No. 41 (1931). Counsel for plaintiff moved the circuit court to vacate the notice. The court denied the motion, and by this appeal plaintiff seeks our writ of mandamus directing the circuit court to vacate the notice.

Court Rule No. 41 (1931), so far as necessary to quote, provides:

“Any party to an…