American Express Co. v. Bradford

Calhoon, J., delivered the opinion of the court. We think the motion to suppress the deposition of Dr. Harrison should have been sustained, for insufficiency of the affidavit required by code 1892, § 1747. That one is a physician in large practice, “and that it is likely that the said witness will be unable to attend trial,” etc., does not, in our opinion, bring the instance within the category meant by the words “or other cause” -in clause 1 of that statute. Reversed and remanded.