Mooers v. Hunter

SMEDLEY, Judge.

This case originated in county court, where defendant in error sued plaintiffs in error for $404.45 and recovered judgment for $220.40, which judgment was affirmed by the Court of Civil Appeals. 45 S.W.(2d) 387. Application for writ of error when first examined was dismissed for want of jurisdiction, but on motion for rehearing the writ was granted on account of an assignment of error complaining of a statement made by defendant in error in the presence of the jury to the effect that an absent witness, if completion of the trial were delayed until he could be present, would…