Tracy's Auto Parts, Inc. v. Turner

Nichols, Presiding Judge.

The usual general grounds of the defendant’s motion for new trial having been abandoned, the sole question presented is whether the trial court erred in permitting the plaintiff to withdraw his cross-examination adduced while taking the deposition of a witness and not allowing the defendant to read all of such deposition to the jury.

In support of such position the defendant relies on the following excerpt of the act of 1959 (Ga. L. 1959, pp. 425, 428; Code Ann. § 38-2101 (d) (5)): “If only part of a deposition is offered in evidence by a party, an adverse party may…