In Re Wells

Counsel for respondent have filed a motion to strike out certain portions of the testimony taken before the referee named, designated and appointed by the court to take testimony in this proceeding. It was understood and agreed by and,between counsel on both sides that this motion should be disposed of before briefs addressed to the merits are filed. The portions of the testimony which respondent asks be stricken out are specified in the written motion, and, having considered the same, we now state the conclusions arrived at. The grounds of the allowance of the motion as to certain testimony are those stated by respondent in his written application to strike out. Where the motion is denied it is because the reasons stated for striking out are not legally tenable as to those portions of the testimony.

1. The motion as to all the testimony of the witnesses, George W. Minter and G. W. Stevens, is granted.

2. The motion as to the testimony of the witness, R. Y. Williams, designated as subdivisions a, b, and c in the written motion, is granted.

3. The testimony of the witness, W. H. Thomas, designated as subdivisions a, b, c, and d in said written motion, is stricken out.

4. The…