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CHILDRESS v. JUBELT

Docket No. 13316.

45 Mich. App. 181 (1973)

205 N.W.2d 889

CHILDRESS v. JUBELT.

Michigan Court of Appeals.

Decided February 22, 1973.

Attorney(s) appearing for the Case

Rothe, Marston, Mazey, Sachs, O'Connell, Nunn & Freid, P.C. (by Barry P. Waldman), for plaintiffs.

Condit & McGarry, P.C., for defendant.

Before: BRONSON, P.J., and R.B. BURNS and DANHOF, JJ.

DANHOF, J.

The question presented concerns the propriety of admitting a pretrial deposition at trial. This case was originally set for trial in the summer of 1971. At that time it appeared that one of the witnesses would be outside the jurisdiction at the time of trial and the parties agreed to take his deposition de bene esse. The case did not come on for nonjury trial until the fall of 1971. The defendant introduced...

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