State Ex Rel. Woodard v. District Court of Fourteenth Judicial District

I concur in the result reached by my associates that the motion to quash the writ should be sustained and the proceeding dismissed, but I do not arrive at that result so reluctantly as do my associates.

The statute relating to perpetuation of testimony provides that the applicant must produce a petition stating among other things: “a general outline of the facts expected to be proved.’’ See. 10687, Dev. Codes. This very language shows clearly that fhe applicant need not set out the facts expected to be proved with the same particularity necessary to the statement of a cause of action in a…