Elmgren v. Murrin

1. The right to open and conclude the argument to a jury is an important legal right, and if it" be improperly denied, its denial demands the grant of a new trial. In order for the defendant to obtain this legal right where a prima facie case for the plaintiff is admitted, it must be shown that the right was claimed before the testimony upon both sides had closed. See Jones v. Fourth National Bank, 20 Ga. App. 219 (1) (92 S. E. 964), and cases cited. In this case it was not *251error to deny to the defendant the right to open and conclude the argument to the jury.

Decided January 28, 1921. Trover;…