Metropolitan Life Insurance v. Kaufman

This review involves a proceeding under sections 11 and 12, chapter 177, ’35 C. S. A., which provide a method for compelling a witness to testify in this state in a case pending in a court of record outside of this state, unless the witness has “a fair and just excuse” for refusal to testify. The law also applies to the issuance of a subpoena duces tecum.

The defendant in error Kaufman, a physician, who does not appear here, asserted as “a fair and just excuse” for his refusal to testify, the protection of the statute making communications between physician and patient privileged, upon…