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MABRY v. ROSS

No. 5-3169.

374 S.W.2d 361 (1964)

Major MABRY and Wayne Mabry, a Minor, by his Father and Next Friend, Major Mabry, Appellants, v. G. W. ROSS, Jr. and Standard Rendering Company, Appellees.

Supreme Court of Arkansas.

January 20, 1964.

Attorney(s) appearing for the Case

Bob Scott and Walter Davidson, Rogers, for appellants.

Dickson, Putman, Millwee & Davis, Fayetteville, for appellees.

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 subsection 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...

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