Hunter v. . Sherron

To tbe issue, “Was tbe note sued upon in tbis action procured by fraud on tbe part of tbe plaintiff, as alleged in tbe answer ?” tbe jury responded “Yes.” Tbe plaintiffs excepted because, after tbe defendant bad testified be was allowed to go on tbe stand again tbe next day and offer testimony wbicb tbe plaintiffs claim was contradictory. Tbe permission for tbe witness to be recalled was in tbe discretion of tbe court, and not reviewable.

Tbe plaintiffs- rest tbeir appeal almost entirely upon tbe refusal to charge, as requested, “That even if tbe jury should find as a fact that tbe plaintiffs…