Union Compress Co. v. Wolf
Supreme Court of Arkansas
Appeal from Independence Circuit Court. John B. McCaleb, Judge. 1. It was improper to permit counsel to use in argument the fact that defendant had taken a change of venue. 33 N. B. 1031. 2. The statements by counsel in the closing argument were highly prejudicial, and justify a reversal. 156 U. ,S. 361; 48 Ark. 130, 131; 58 id. 368; 26 S. W. 998; 58 N. W. • 1009; 23 S. W. 298; 26 id. 307; 33 N. B. 1031; 20 S. W. 614; 112 Mo. 390; 1 Thompson, Trials, secs. 966, 974, 976,…
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Appeal from Independence Circuit Court. John B. McCaleb, Judge. 1. It was improper to permit counsel to use in argument the fact that defendant had taken a change of venue. 33 N. B. 1031. 2. The statements by counsel in the closing argument were highly prejudicial, and justify a reversal. 156 U. ,S. 361; 48 Ark. 130, 131; 58 id. 368; 26 S. W. 998; 58 N. W. • 1009; 23 S. W. 298; 26 id. 307; 33 N. B. 1031; 20 S. W. 614; 112 Mo. 390; 1 Thompson, Trials, secs. 966, 974, 976, 986; 41 N. H. 317, 324-5; 44 Wis. 282, 291. 1. The court below properly instructed the jury not to regard the statements…
1Opinion of the CourtWood, J.
This is an action for damages alleged to have accrued to appellees through the negligence of appellant in storing- certain cotton of appellees. The answer denied all material allegations of the complaint.
The bill of exceptions shows that, “in the opening argument for the plaintiff, the attorney for the plaintiff stated to the jury that counsel for the defendant had made an attack on one of the plaintiffs, and to show you how he is regarded in the county from which a change of venue was taken, I will read you the affidavit which was made by the defendant. Here the attorney was reminded by the…
2Cases cited4 opinions
- Brown v. SwinefordWisconsin Supreme Court · 1878
- Holder v. StateSupreme Court of Arkansas · 1894
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- Kansas City, Fort Scott & Memphis Railroad v. SokalSupreme Court of Arkansas · 1895
3Cited by3 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- German-American Insurance v. HarperSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. ElrodSupreme Court of Arkansas · 1915