MARTIN, J.
As set forth in the facts stated above, defendants' application in October of 1952 for an adverse examination of the plaintiffs was made under sec. 326.12, Stats., and the affidavit supporting the order to show cause stated that it was given in accordance with the provisions of sec. 326.12 (3). That subsection provides:
". . . If the person to be examined is a nonresident party to the action or proceeding, . . . the court may upon just terms fix...
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