73 Miss. 831 | Miss. | 1896
delivered the opinion of the court.
Sincerely sympathizing with the very unfortunate appellant, we are yet constrained by duty to agree in opinion with the learned judge before whom this case was tried below as to the
The order of judicial investigation, including the time and manner of introducing evidence, is, and of necessity must be, committed to the sound discretion of the trial judge, and appellate courts should not interfere to reverse the exercise of this discretion by a trial court unless such exercise appears to have been had arbitrarily, capriciously or unjustly. Was the exercise of the discretion in this case arbitrary or unjust? Far otherwise, in our opinion. It was in strict conformity to long-established rules governing the introduction of evidence, and, in this instance, simply denied to plaintiff an almost unheard-of
Affirmed.
Suggestion of error overruled.