Wehrs v. State

— On the 1st day of June, 1891, Phillip Miller instituted suit in the Allen County Superior Court against *158the Pennsylvania Company, seeking to recover damages on account of a personal injury received by him while employed as a laborer in the shops of the company. He sought to take the deposition of the appellant, and other witnesses, to be used on the trial of such action, and for that purpose served upon the solicitor of the company a notice that he would, at a given time and place, proceed to take such depositions.

On the day named the appellant appeared as a witness, with others, and the…