Warner v. Hearst Publications, Inc.

Millard, J. —

This action was instituted to recover damages for alleged libelous articles published by defendants in Seattle Post Intelligencer.

Pursuant to Rule VII, subd. 2, of Rules of Practice, which provides that the testimony of a witness may be taken by deposition to be read in evidence in a pending action, when such witness is an adverse party to the action, plaintiff appeared before a notary in Seattle April 8, 1943, in obedience to a subpoena duces tecum requiring him to appear before the notary to give testimony as an adverse party to defendants and to bring with him certain records…