Hood v. Tyner

Crumpacker, J. —

This action was commenced by Tyner against Hood before a justice of the peace upon an account. The defendant filed a set-off. In the circuit court the plaintiff had judgment and the defendant appeals, assigning for error the overruling of his motion for a new trial.

The first question discussed by counsel for appellant relates to alleged misconduct of appellee’s counsel in making improper remarks to the jury in his opening statement of the case.

The motion for a new trial states that in outlining the case preparatory to the introduction of the evidence, one of appellee’s…