Garris v. McClain

Opinion by

Mr. Chiee Justice Jones,

At the trial of this action in trespass for damages for personal injuries suffered by the plaintiff in an automobile accident, the court withdrew a. juror and continued the .case on the defendant’s motion because of an allegedly prejudicial question by plaintiff’s counsel in his' cross-examination of a witness for the defendant. The plaintiff has appealed the order of continuance.

The appeal projects a rather anomalous procedural situation. Obviously, the trial terminated with the continuance and could not possibly be revived with a procedendo: The' case can…