Irving

This is a petition for a writ of certiorari to review an order of the respondent court directing the examination of certain witnesses to perpetuate their testimony. The following sections of the Code of Civil Procedure are applicable to the questions presented by this proceeding:

Petitioner contends that the application for the order does not state facts sufficient to give the court jurisdiction to make it. The application alleges:

The foregoing sections of the Code of Civil Procedure, providing for proceedings to perpetuate testimony, have never been construed by the higher courts of this state, but in San Francisco Gas & Elec. Co. v. Superior Court, 155 Cal. 30, 35 [17 Ann. Cas. 933, 99 Pac. 359 ], it is said: “It was the intention of the legislature not only to provide a simple statutory proceeding by which litigants, actual or expectant, could secure all the relief formerly afforded by courts of equity, but even ampler relief, and upon easier terms. ” While it is doubtless true that, in a statutory proceeding to perpetuate testimony, the particularity of the former bills in equity for that purpose is not required, the nature of the anticipated controversy, the interest of…