The testimony of a witness taken upon interrogatories, not in opencourt, but in pursuance of a commission to take testimony issued by a court, or under ageneral law on the subject, and reduced to writing and duly authenticated, and intendedto be used upon the trial of an action in court. Butcher v. U. S., 72 Fed. 972, 19 C.C. A. 259; Indianapolis Water Co. v. American Strawboard Co. (C. C.) 65 Fed. 535.A deposition is a written declaration under oath, made upon notice to the adverseparty for the purpose of enabling him to attend and cross-examine; or upon written interrogatories.Code Civ. Proc. Cal.

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