Morgan v. Whittaker

Carrie L. Morgan sued Henry Whittaker, Jr., in the supreme court, to recover moneys alleged to have been paid to the defendant by one Moore for the use of, and to be paid over to, the plaintiff. The action was commenced by the service of a summons. Before serving a complaint, the plaintiff applied to the court upon an affidavit, for an order requiring defendant to appear for examination as a witness in the cause under sections 390 and 391 of the Code..