A. Senior & Sons v. Brogan

Citations

• 66 Miss. 178

Syllabus

<p>1. Practice. Limiting argument.</p> <p>The power of the court to limit argument springs from its duty to protect other litigants and the public against the unnecessary use of the time of the courts. The power should be exercised so as not to abridge the right of any party to fully and freely present his case to the jury.</p> <p>2. Same. Personal convenience of presiding jttdge.</p> <p>Considerations of personal convenience on the part of the presiding judge should not influence him in placing a limit of time on the argument of counsel to the jury.</p> <p>3. Same. Case in judgment.</p> <p>In this case, involving about sixteen hundred dollars, where the good faith in the sale of a stock of goods is the main inquiry, and where twelve witnesses were examined, and documentary evidence was introduced, a limitation of forty-five minutes to a side for argument before the jury considered and held erroneous, and necessitating a reversal.</p> <p>4. Deliberation by tiie Jury. Action of court, calculated to induce haste.</p> <p>Where, pending a trial on Saturday aud after the conclusion of the evidence, an announcement is made by the judge fixing the hour for adjournment for the week, which indicates to the jury when they retire the necessity for an almost instantaneous decision to avoid remaining over during the recess from Saturday until Monday, such announcement is improper, as tending to influence the jury to undue haste in reaching a decision, and will vitiate the verdict so rendered.</p> <p>5. Garnishment. Attorney’s fee. Code, % 2448.</p> <p>Our statute, code 1880, g 2448, which authorizes the court in exceptional cases to allow the garnishee reasonable compensation, in addition to per diem and mileage, does not warrant the allowance to him of his attorney's fee in a controversy between the plaintiff and the garnishee, the good faith of a transaction between the defendant and the garnishee being tlie subject of the issue.</p>