Kirban v. Johnston

The plaintiffs appeal from an order of the circuit court permitting the defendant as administratrix of her husband’s estate to take discovery depositions of the plaintiffs without waiving *87plaintiffs’ disqualifications under the dead man’s statute.*

These actions were commenced as separate suits on July 23, 1962, against Harvy IT. Johnston and Marjorie Johnston, his wife, as the result- of injuries sustained by plaintiffs in an automobile collision which occurred on February 11, 1962. The Kirban vehicle was owned by plaintiff Eleanor Kirban. At the time of the accident it was operated by Harry…