Allman

This is an action for seduction, commenced in San Francisco December 15, 1885, in which the plaintiff, a minor sixteen years of age, sues by her guardian, Bridget Drysdale, who is her mother.

The summons was served on the defendant March 12, *530 1886. On March 29, 1886, pending a demurrer to the complaint, and before answering, the defendant duly served notice on plaintiff’s attorney that he would take the deposition of the plaintiff, on behalf of the defendant, before a notary in the city of Oakland, on the fifth day of April, 1886, and on March 30th the notary issued a subpoena to the plaintiff, commanding her to appear and testify, and give her deposition at the time and place appointed in the notice. The subpoena was served on the plaintiff on the day it was issued. On the appointed day (April 5th), the attorneys for the respective parties appeared before the notary, but the plaintiff did not appear, having been advised by her attorney that she need not appear until he notified her to do so, as he would have the taking of her deposition postponed; and, accordingly, at the request of her attorney, and by consent of counsel for defendant, the taking of the deposition was…