Kells v. Davis

Citations

• 57 Ill. 261

Syllabus

<p>1. Practice—■opening and closing of the argument. An affirmative plea throws the burden of proof on the defendant, and, if the sole issue be upon such a plea, under the practice in this State, he will have the right to open and close to the jury.</p> <p>2. Same—effect of error in respect thereto. But so slight an error in practice as that the counsel of a party entitled, under the pleadings, to open and close the argument to the jury, was denied that privilege by the court, ought not to be a ground for the reversal of a judgment rendered in a judicial proceeding in all other respects regular, and that does justice between the parties.</p>