Gilday v. Smith Bros., Inc.

This case reappears with a history written in Gilday v. Smith Brothers, Inc., 32 S.W.2d 118, and in State ex rel. Gilday v. Trimble et al., 44 S.W.2d 57. After the last decision and upon the urgent request of appellant the case was again placed upon the docket for resubmission. At the last presentation there was but one point made and that related to the propriety of the remarks of counsel for plaintiff in the closing argument. All other points originally made were waived and a purpose to abide the previous ruling upon them was verbally declared. The single point was argued and the case…