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LOCKWOOD v. McCASKILL

No. 234.

136 S.E.2d 67 (1964)

261 N.C. 754

Clifford J. LOCKWOOD v. Earl McCASKILL, and Charles Albert Macon d/b/a C. A. M. Machine Company.

Supreme Court of North Carolina.

May 6, 1964.

Attorney(s) appearing for the Case

H. Parks Helms, Charlotte, for plaintiff appellant.

Kennedy, Covington, Lobdell & Hickman and Charles V. Tompkins, Jr., Charlotte, for defendant appellee Macon.

BOBBITT, Justice.

Referring to the deposition statute, G.S. § 8-71, this Court in Yow v. Pittman, 241 N.C. 69, 84 S.E.2d 297, in opinion by Higgins, J., said: "This statute does not contemplate the taking of deposition of a person disqualified to give evidence in the case."

As in Yow, the deposition statute must be considered in connection with G.S. § 8-53, which provides: "Communications...

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