
    No. 213
    BURGOON v. COM. MUT. INS. CO.
    No. 20312.
    Supreme Court
    On motion to cert.
    Dock. Feb. 8, 1927,
    5 Abs. 105.
    385. DEPOSITION — Does fact that one does not file deposition until date of hearing preclude him from reading cross examination of his agent as shown by his deposition?
    First Publication of this Case
    Attorneys — Cable & Cable, Lima, for Bur-goon; Bailare, Jones & Price, Columbus, and Lippincott & Lippincott, Lima, for Company.
   Burgoon contends in the Supreme Court that when depositions are taken by both plaintiff and defendant’s agent, and defendant does not file his deposition until day of hearing; Burgoon;” after reading his,, has the right to be sustained in an objection to reading of cross examination of the agent as shown by Insurance Company’s deposition.

Note — Motion to certify overruled, 5 Abs. 155.  