Clair v. Philadelphia Storage Battery Co.

DICKINSON, District Judge.

Notice was given by the defendant that it would take the deposition of an absent witness at Douglas, Arizona. The plaintiff excepts to this unless the defendant is put on terms.

Notice was given of the taking of the depositions of several witnesses, but the only one with which we are concerned is the proposed deposition of Walter E. Holland. Notice was given by counsel for defendant on January 13th, 1939, that his deposition would be taken January . 27th, 1939, at Denver, Colorado. This notice must have been recalled because a second notice was given February 18th,…