Mills v. Jones

The first special ground of the motion for new trial shows that the defendant admitted a prima facie case and then assumed the burden of proof; and error is assigned on the court’s allowing the defendant to have the opening and conclusion of the argument before the jury. It does not appear that the plaintiff made any objection or asked for any ruling of the court when the defendant undertook to assume the burden of proof, and the plaintiff thereby waived the right to open and conclude the argument. Zachry v. Stewart, 67 Ga. 218 (1); Dwelle v. Blackwood, 106 Ga. 486 (2) (32 S. E. 593); Willing-*504…