ATKINSON, Presiding Justice.
(After stating the foregoing facts.) 1. Special ground 1 of the motion for new trial complains of the admission in evidence of certain testimony of Alfred Smith. The exceptions pendente lite complain of the overruling of the plaintiff's motion to suppress the same testimony. The assignments of error are substantially the same.
Code § 38-1401 declares in part: "If any person shall desire to perpetuate the testimony of a witness...
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