Daviess v. Arbuckle

Judge Underwood

delivered the Opinion of the Court.

The issue formed, was made upon the plea of payment. By agreement, the parties had leave, under this issue, to give in evidence any matter that might be specially pleaded.

The record states, “that after the parties had closed their evidence, the counsel for the cefendant was proceeding to argue the case to the jury, whereupon the counsel of the plaintiff objected to the defendants counsel proceeding with their argument, and claimed the right to open and conclude the argument; and the question being made to the court, it was decided that the…