Scott

This is an original proceeding for a writ of mandate to compel the respondent to require a certain witness, one George E. Lamphrey, to answer questions and complete his deposition sought to be taken in an action pending in the superior court of Placer county wherein petitioner is plaintiff and Fred S. Stevens, as executor of the estate of Adolph J. Weber, deceased, is defendant. By the petition it appears that the proper affidavit was filed and notice given that the deposition would be taken before H. B. Bradford, a notary public of Sacramento. Upon application of petitioner respondent made an order directing the county clerk of the county of Sacramento to issue a subpoena directed to and commanding the said witness to appear and testify at the time and place mentioned in the said notice. The subpoena was issued and served and the witness appeared; he was sworn and answered certain questions, and then he refused to answer any further upon the ground that his residence in the future would be in Placer county and that he would be ready and willing to testify as a witness at the trial. The facts were reported by the notary to respondent, who, upon the hearing of the same, dismissed…