Dermody v. Fanning

The decisive question here is whether the trial court erred in refusing to declare a mistrial on motion of defendant.

The ground of such motion is alleged misconduct of the attorney for plaintiff.

Comments of the judge are criticized, failure to rule as promptly as defendant thinks he should is called to our attention, and it is argued that the trial court should have rebuked the attorney for plaintiff; but no exceptions were saved to these things. For that reason, we think that they are not feviewable now.

The defendant insists that plaintiff’s attorney was guilty of such misconduct as to…