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MILLHOLLAND v. NEAL

43945.

118 Ga. App. 566 (1968)

164 S.E.2d 451

MILLHOLLAND v. NEAL et al.

Court of Appeals of Georgia.

Decided October 8, 1965.

Rehearing Denied October 29, 1968.

Attorney(s) appearing for the Case

Marson G. Dunaway, Jr., for appellant.

Glenn T. York, Jr., Matthews, Maddox, Walton & Smith, Oscar M. Smith, Harl C. Duffey, Jr., James A. Robbins, Jr., for appellees.

DEEN, Judge.

1. (a) When Rule 26 (d), 28 USCA of the Federal Rules of Civil Procedure was adapted to the Georgia Code of Civil Practice, Code Ann. § 81A-126 (d), the language of the former indicating a regard for the "importance of presenting the testimony of witnesses orally in open court" was dropped and the following subsection was added: "(4) The deposition of a witness, whether or not a party taken upon oral examination, may be used in the discretion...

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