93 P. 932 | Or. | 1908
delivered the opinion of the court.
“Remarks which would not be primarily legitimate may under all the circumstances be entirely within bounds as answers to statements or arguments of opposing counsel.”
The bill of exceptions does not show that the observations to which exceptions were taken were not instigated by adverse remarks. Whether dr not the inference which plaintiff’s counsel sought to establish from his preclusion of a complete cross-examination of Mrs. Ireland is a legitimate deduction which entitled him, in a civil action, to comment thereon before the jury, is not necessary to determine at this time, for the remarks are not, in our opinion, such a violation of the privilege of an attorney as, in the absence of the showing mentioned, would render the argument objectionable; and hence, if an error was committed, it has not been made available.
Other exceptions are noted, but deeming them unimportant, the judgment is affirmed. Affirmed.