Mabry v. Ross

Carlbton Harris, Chief Justice.

This litigation involves an interpretation of Ark. Stat. Ann. § 28-348, Sub-section (d) ',(Repl. 1962). The section, overall, deals with the taking of discovery depositions. The sub-section refers to the use of the depositions during the trial of a case, and reads as follows :

“At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence, may be used against any party who was present or represented at the taking of the deposition or who had due notice thereof, in…