Gardner v. Mae

The opinion of the court was delivered by

Schroeder, J.:

This appeal is from an order of the trial court enjoining the plaintiff from taking the deposition testimony of a witness, not a party to the action, residing in the same county in which the action is pending.

The only purpose of the appeal is to determine whether the Supreme Court will alter its construction of the applicable provisions of the code of civil procedure concerning the taking of deposition testimony of a witness, not a party to the action, who resides in the same county where the action is pending.

*376The personal injury action,…