Fuson v. Fuson

Opinion op the Court by

Judge Fulton

Reversing.

On March 2, 1936, appellee, N. D. Fuson, filed suit in the Harlan Circuit Court against the appellant, Sarah Jane Fuson, being represented in that action by E. L. Morgan, attorney. Depositions in behalf of appellee were taken on the 22nd of March but never filed. On April 7 appellant filed answer and counterclaim and on April 25 notice was given' of appellant’s intention to take depositions on April 27, the notice being executed on E. L. Morgan, plaintiff’s attorney of record, the sheriff’s return reciting that appellant was out of the county.…