CANDLER, Justice.
(After stating the foregoing facts.) 1. The Code, § 38-2301, provides: "In all counties, either party litigant in any court of record in any such county may, without any order or commission, take the deposition of any witness or witnesses in any case, whether resident in the county or not, upon giving the opposite party five days' notice of the time and place, with the names of the witnesses. The commissioner before whom the evidence under this...
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