Morgan v. Hugg

Heydenfeldt, J., concurred.

It does not appear from the record in this cause, that the reading, by plaintiff’s counsel in his address to the jury, of any portion of the answer which may have been stricken out, had any tendency to prejudice defendant’s cause.

The mere fact that counsel had read upon trial, a part of the answer which had been stricken out, would not of itself be error in this Court. It might frequently be necessary to read the portion of a pleading, which had been stricken out, just previous to a trial, in order to make sense of that which remained. The appellant could have asked…