State v. Truax

Citations

• 96 Wash. 1
• 164 P. 597

Syllabus

<p>Depositions — Interrogatories—Settlement — Discretion — Statutes — Construction. It is discretionary with the trial court to require a deposition of a witness outside of the state to he taken upon written interrogatories, under Rem. Code, § 1240, which provides that the commission may issue upon written interrogatories or upon oral questions, or partly written and partly oral, and requires notice and application, and that the court must settle the interrogatories, if any have been served and the parties have not settled the same.</p> <p>Same — Interrogatories—Settlement—Abuse oe Discretion. It is not an abuse of discretion to require the testimony of a witness outside of the state to be taken upon written interrogatories, to be settled by the court in advance, where it merely appears that the witness to be examined in a will contest was a nurse who attended the testatrix during her last illness and that neither the contestants nor their attorneys had talked with the witness since the institution of the contest, it not being shown that the knowledge of the witness could not be elicited by interrogatories framed in advance or that the witness was an unwilling witness.</p> <p>Holcomb, J., dissents.</p>