The testimony of a witness taken upon interrogatories, not in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law on the subject, and reduced to writing and duly authenticated, and intended to 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 averse party for the purpose of enabling him to attend and cross-examine; or upon written interrogatories.Code Civ. Proc. Cal.

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