Moffatt v. Gale

I. In a certain respect the procedure is unusual. The question whether an order setting aside the verdict has already been made is presented as well as that of the legality of the argument of counsel. It is deemed advisable first to pass upon the claim of illegal argument. A decision of illegality, with the result of invalidating the verdict, will make it unnecessary to determine whether the record entry of a Superior Court order should be annulled. The proper procedure for correction of the entry is by certiorari, and the remedy is discretionary and not to be granted if substantial justice…