Searles v. Union Cent. L. Ins. Co.

OPINION

By TAYLOR, J.

The sole question in this case, which comes here by appeal upon questions of law, is the right to tax as part of the costs a deposition taken but not used.

During the pendency of a motion to strike out part of the petition, defendant took the deposition of one of the plaintiffs, Dan Searles, which deposition thereafter was duly filed with the clerk of the Court of Common Pleas of this county. Searles at that time was, and ever since has been, a resident of Lucas County, and, so far as known, under no disability which would have prevented him from testifying on the trial.…