Carl L. Salsman v. Henry D. Witt and Pauline Witt

McWILLIAMS, Circuit Judge.

The central issue here to be resolved concerns the use made by the trial judge in a trial without a jury of certain depositions. Though the depositions in question were not introduced into evidence, counsel specifically declining an invitation by the trial court to so do, the trial judge nonetheless thereafter based his findings, at least in part, on the contents of such depositions. We conclude that the trial court’s use of these depositions was improper and that the judgment entered must now be reversed. Some background will put the matter in focus.

Carl Salsman…