Dismukes v. Trivers Clothing Co.

FOSTER, X

This is a suit by appellant against appellee for malicious prosecution. The court left the issue to the jury upon an appropriate oral charge and gave some special charges at the instance of appellee. There were exceptions taken by appellant to the rulings of the court on the introduction of evidence,.and they and the charges given at the instance of appellee were assigned as error.

The first assignment of error relates to the refusal of the court to permit appellant to ask his witness a leading question. This was discretionary with the trial court. We do not find that this discretion…