In re Ketchum's Application

Section 872 of the Code of Civil Procedure, as originally enacted, made no change in the law respecting the perpetuation of testimony, for that section was substantially a re-enactment of article 5, chapter 7, title 3, part 3 of the Revised Statutes. The construction of that article of the Revised Statutes was settled by the adjudications of the old supreme court, of the chancellor and of the present supreme court. It is not necessary to refer more par*155ticularly to the decisions for the amendment which was made, in 1879, to subdivision 6 of section 872, has so changed the law respecting the…