Cassou

This is an original application for a writ of mandamus to compel the respondent to issue a commission to take a deposition in a foreign state upon written interrogatories instead of upon oral interrogatories as ordered by the court. The petitioner is plaintiff in a divorce action pending in said Superior Court. She gave to the defendant in that action five days’ written notice of motion to take the deposition of a witness in the state of Illinois upon written interrogatories. The verified petition filed in this court stated: “That thereafter and on the hearing of the petitioner’s motion in said action for the issuance of the said commission upon said written interrogatories, the said defendant did not propose any cross-interrogatories, but instead and without giving your petitioner three days’ notice in writing or any other notice of his election so to do, applied to said superior court . . . for an order directing that said deposition be taken on interrogatories to be propounded to the witness orally.” The court over the objection of the petitioner ordered the deposition to be taken on oral interrogatories. The objections which the court thus overruled, besides specifying the…