Fite v. Hooks

1. When a defendant in a civil case introduces no evidence he is entitled not merely to the conclusion of the argument, but to the opening and conclusion. Moore v. Carey, 116 Ga. 28 (5) (42 S. E. 258). Even “the right to open is important. It enables the party to give direction to the ease, very often to choose the ground on which the battle shall be fought,” and may possibly afford other advantages. Buchanan v. McDonald, 40 Ga. 287.

2. In the trial before a jury of an action for damages for the wilful cutting of timber, in which the defendant introduced no evidence, he was entitled to the…