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· 5/6/1913

Driscoll v. Cincinnati Traction Co.

Citations

  • 88 Ohio St. (N.S.) 150

Syllabus

<p>Judgment should not be reversed for misconduct of counsel, when— Effect of retraction by counsel—And admonition of court— Court procedure.</p> <p>1. A judgment should not be reversed for such misconduct of counsel for the prevailing party as tends only to discredit the administration of justice without subjecting the claim of the adverse party to prejudicial considerations not involved in the case. For misconduct of that character the trial court is authorized to apply more appropriate correctives.</p> <p>2. A judgment should not be reversed for misconduct of counsel for the prevailing party in alleging facts which no evidence tends to establish if from the nature of the case the retraction of counsel and the admonition of the court, it appears that the natural effect of the misconduct has been averted.</p>

Judges: Donahue, Johnson, Newman, Shauck, Wanamakee, Wilkin

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