NICHOLS, Justice.
Certiorari was granted in this case to review the decision of the Court of Appeals which holds that the deposition of a witness present during a trial but later excused may not be used under the provisions of § 26 (d) of the Civil Practice Act (Code Ann. § 81A-126 (d)). For a statement of the history of the case and the issues involved, see Elberton-Elbert County Hosp. Auth. v. Watson,
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