Brown v. Leek

The trial was had for conversion of timber and trespass in taking timber.

There was no error in permitting plaintiff’s counsel to put his side of the case to the jury, within reasonable limitations, and to state what he expected the proof would show; not however to introduce immaterial and prejudicial matter before the jury. Rose v. Magro (Ala. Sup.) 124 So. 296; 1 Loeb v. Webster, 213 Ala. 99, 104 So. 25; Southern Ins. Co. v. Tate, 22 Ala. App. 72, 112 So. 365; Id., 216 Ala. 694, 112 So. 918.

There was no error in permitting the plaintiff to answer a preliminary question of whether or not her…