Timm v. Rahn

The action presented an unusual feature in that Schuenke was not made a party defendant, possibly because he was about to be taken into military service. A few days before he was to go, a deposition to perpetuate his testimony was taken at the instance of the plaintiffs. Counsel for the appellant, Ohio Casualty Insurance Company, represented their client at that proceeding. Appellant’s first assignment states that the trial court committed reversible error in admitting the deposition in evidence because, counsel submits, statutory notice of the taking of the deposition was lacking, the…