Hutchins v. Foley

Opinion of the Coubt by

Judge Baird

— Affirming.

Malissa Hutchins and Mose Hutchins, her husband, appeal from a judgment setting aside and holding for naught a deed made to Malissa Hutchins by P. E. Foley, her father. They insist: (1) That because appellees took the deposition of Malissa Hutchins as on cross-examination before taking the deposition of appellees, that fact precluded the introduction of appellees as witnesses in chief on the trial of the action, and, (2) that the judgment was not supported by the weight of the evidence.

Section 606, subsection 3, Civil Code of Practice, provides:

“No…