Opinion
December 29, 1944.
Appeal from Supreme Court.
The evidence sustains the verdict of the jury as to the terms of the contract. The Trial Judge excluded the deposition of a witness taken on behalf of defendant. Defendant's attorney in taking this deposition violated the terms of a stipulation between himself and plaintiff's attorney. The violation was quite material and the Trial Judge was fully justified in excluding the deposition. Defendant also contends that the remarks of plaintiff's counsel in the summation were prejudiced and inflammatory. Some of the remarks transgressed the bounds of legitimate argument. Appeals should not be made by attorneys to passion and prejudice in the trial of their causes. We again admonish the Bar that such practices will not be condoned. In the case before us there is some justification for the remarks of plaintiff's counsel. In addition to that defendant took no exception and asked for no ruling from the Trial Judge. Judgments affirmed, with costs. All concur. [See post, p. 1076.]