Amperse v. Fleckenstein

The only error complained of in this case is set forth in the following extract from the record:

“ The evidence being closed, the case proceeded to argument by counsel for the respective parties to the jury, and, during the argument of counsel for the plaintiff, he proceeded to call their attention to and discuss certain testimony which had been given in the case with reference to what plaintiff had sworn to upon the trial in the court below, and particularly with reference to th.3 testimony given by Commissioner Wattles, before whom the case was tried, and other witnesses, which was…