Proctor v. Corley

Brailsford, Justice.

In this action for personal injuries, the defendant applied for and obtained an order of the clerk of court, pursuant to Section 26-701, Code of Laws 1962, requiring a named physician, who inferentially, had treated plaintiff for his injuries, to appear before the clerk and be examined as a witness before trial. The plaintiff moved before the circuit court for the dismissal of the clerk’s order upon the following grounds:

“1. That there is no showing that an examination of Dr. T. E. Edwards is required by the Defendant in compliance with and pursuant to Section 26-701, Code…