Hopkins

This is an original proceeding in mandamus to require respondent Superior Court to make its order directing that certain depositions of witnesses be taken in the state of New York upon oral interrogatories.

Petitioner herein is plaintiff in an action pending before the respondent Superior Court in which action the respondent Woodward has appeared as one of the defendants. The plaintiff in said action gave to the defendant notice of his motion that the deposition of plaintiff and of one Lyons be taken in the city of New York upon oral interrogatories. Attached to the notice of motion was an affidavit in which the affiant gave as his opinion that these depositions could only be satisfactorily obtained through the use of oral interrogatories. Objections were filed on behalf of defendant Woodward showing that by reason of a temporary restraining order obtained by the plaintiff in the action pending the defendant had become insolvent and was without means to employ counsel in the city of New York to attend the taking of the depositions. Other facts were stated which tended to show that the depositions might be taken by written interrogatories without prejudice to the plaintiff. After…