Hoffler v. Wheeler

HOOD, Chief Judge.

The question on this appeal relates to the admissibility in evidence of the deposition of a witness taken by plaintiff more than twenty days after commencement of the action but prior to service ot process upon the defendant.

These are the facts. Plaintiff’s automobile, driven by his daughter, was in a collision with an automobile driven by defendant, and plaintiff sued for property damages. The complaint was filed on May 6, 19S9, but service of process on defendant was not made until October 30, 1959. However, on June 26, 1959, defendant was personally served by plaintiff’s…