Lamphrey

This proceeding grew out of an effort to-take the deposition of the said George E. Lamphrey in a cause in the superior court of Placer county, wherein Mrs. W. P. Scott is plaintiff and Fred S. Stevens, as executor of the estate of Adolph J. Weber, deceased, is defendant. For a statement of the facts in relation to said deposition we refer to the matter of the application of the said Mrs. W. P. Scott for a writ of mandate directed to Hon. Peter J. Shields, as judge of the superior court of Sacramento county, decided by this court March 27, 1908, ante, p. 12.

After making the order which is set out in the opinion on said application for a writ of mandate, respondent, concluding, no doubt upon reflection, that he should have directed the witness to complete his deposition, made the following order: “Good cause appearing therefor, it is ordered that the order dismissing the proceeding in the above-entitled action or proceeding heretofore made herein on the 6th day of March, 1908, be and the same is hereby vacated and set aside. It is further ordered that the motion of plaintiff in the above-entitled action or proceeding for an order of this court directing and commanding the witness…