Fisher v. Smith

This appeal, in the nature of mandamus, brings to decision the question of the right of plaintiff to' have an examination of defendant under Court Rule No. 41, upon taking* out a summons in an action for tort, and before filing a declaration.

The rule provides:

“Section 1. Any party to an action or suit may cause to be taken by deposition according to the practice regulating the taking of depositions, at any time after action commenced and before' trial, the testimony of any other party, or any person who has verified a pleading of another party, which is material and necessary in the…