Excusing of witness when deposition given

A witness shall not be compelled to attend court for oral examination where his deposition may be used unless he has failed, when duly summoned, to appear and give his deposition. Civil Code, § 608; C. & M. Dig., § 4207; Pope's Dig., § 5219; A.S.A. 1947, § 28-520. A witness shall not be compelled to attend court for oral examination where his deposition may be used unless he has failed, when duly summoned, to appear and give his deposition. Civil Code, § 608; C. & M. Dig., § 4207; Pope's Dig., § 5219; A.S.A. 1947, § 28-520.