21 Ala. 427 | Ala. | 1852
— According to the practice, as it has been for many years established in this State, the plaintiff is entitled to open and close the argument of his case before the jury. The only exception to his right to close the argument, is to be found in the 19th Buie regulating the practice in the Circuit Courts, which provides: “If the counsel for the plaintiff waives the right of opening the argument, he shall not have the righc of concluding.” Clay’s Dig. 610, Rule 19 ; Worsham v. Goar, 4 Por. 441.
The attitude which the case assumed in the court below, does not change the rule in this respect. Through all the changes of parties in that court, the administrator of Grady is the actor, and, consequently, the plaintiff. His attachment commenced his suit, his garnishment brings in Nolen, and his
The counsel of Smith was entitled to open and conclude the argument on the issue, and as he did not waive his right, it was error in the court to refuse it to him.
Let the judgment be reversed, and the cause remanded.