Hopkins v. Wellman

This is a proceeding in error to review the action of the district court of Pottawatomie county in rendering a judgment which is as follows:

“This cause coming on to be heard on this 11th day of October, 1928, it being one of the regular judicial days of said court, plaintiff and defendant both announced ready for trial, whereupon a jury of twelve good and lawful men was duly and legally impaneled and sworn to try the issues in said cause.

“The plaintiff made his opening statement to the jury as to what he expected the evidence to show; the defendants made their opening statement to the jury,…