Opinion
Docket No. 7020.
August 24, 1929.
APPLICATION for a Writ of Mandate to compel the Superior Court of the City and County of San Francisco to make an order for the taking of a deposition. James G. Conlan, Judge. Writ denied.
The facts are stated in the opinion of the court.
George Olshausen for Petitioner.
No appearance for Respondents.
THE COURT.
[1] The petition herein for a writ of mandate to compel the Superior Court, in and for the City and County of San Francisco, to make the necessary order for the taking of the deposition of a witness pursuant to letters rogatory issued out of the Third Court of First Instance of the Republic of Guatemala, is denied upon the grounds that the application made to the Superior Court was not accompanied by an affidavit showing the materiality of the testimony of the witness whose deposition was sought, nor did it appear from said application that the court out of which the letters rogatory issued was a court of record.