Miller v. Frey

Irvine, C.

Frey sued Miller, a practicing physician, for damages alleged to have been caused by malpractice in setting and treating a broken arm of the plaintiff. He recovered a judgment and Miller prosecutes these proceedings in error. Of the numerous errors assigned we shall consider only two. The plaintiff, prior to the trial, took the deposition of G. A. Hollem. Before the trial the defendant moved to suppress this deposition on the ground that the name of the witness was not stated in the notice. This motion was overruled and the defendant excepted. When the deposition was offered in…