East Tenn., Va. & Ga. Railway Co. v. Kane

Lumpkin, Justice.

1. Section 3878 of the code declares that if the state of facts on which a commission to take interrogatories issued ceases to exist before the trial of the cause, and the witness is then accessible by subpoena, the testimony taken on interrogatories cannot be used. It follows, necessarily, that if the witness is accessible by being actually present in court at the trial when his testimony by interrogatories is offered, his answers to the same cannot be admitted, but the witness should be examined in person. It does not make the slightest difference that his attendance upon…