17 S.E.2d 84 | Ga. Ct. App. | 1941
The proceedings in this case, under the Code, § 38-2301, to take the deposition of one of the plaintiffs in behalf of the defendants, and the notice to the other plaintiff to produce certain documents to be used in the examination of such witness, were not subject to the objection that the pleadings had not been properly perfected at the time it was sought to take the deposition, because the demurrers to the answer remained undisposed of and unargued.
The Code, § 38-2301, provides in part that "either party litigant in any court of record" may take the deposition of any witness or witnesses on giving five days' notice to the other party of the time and place, with the names of the witnesses. "Before depositions can be taken under this section [Code, § 38-2301], there must be a joinder of issue, or some issue must be raised by the pleadings." Realty Construction Co. v. Freeman,
Judgment affirmed. Broyles, C. J., and Gardner, J., concur. *59