MacKey v. Boswell

I concur in the conclusion reached ip this case and in i lie opinion of the court, except that I think the holding that, “where the answer states a defense to plaintiff’s cause of action, it is error to render judgment for plaintiff upon the pleadings and opening statement of defendant’s counsel to the jury,’’ is too broad as a general rule.

The answer being as shown by the opinion of the court, I agree that judgment should not have been rendered against the defendant upon the pleadings nor upon the following opening statement:

“Gentlemen of the jury, we expect the testimony in this case to…