Fischer v. Commercial National Bank.

Opinion by

Mr. Chief Justice Kephart,

Appellant’s chief complaint is that the trial judge was so unfair in his remarks, rulings and charge as to prejudice appellant’s case with the jury. This complaint was reviewed with great care by the court in banc and found to be without merit. We have examined the record and the charge and agree with that court’s conclusion. New trials for such reasons should be avoided unless the errors complained of are plainly prejudicial to one of the parties; harmless errors can never be the basis for them.

We will not reverse the court below for refusing to grant a…