A. Senior & Sons v. Brogan
A. Senior & Sons v. Brogan
Opinion of the Court
delivered the opinion of the court.
The power of a court to limit argument of counsel springs from the duty of protecting other litigants and the public against the unnecessary use of the time of the courts. Under all circumstances it should be so exercised as not to abridge the right of any party to fully and freely present his case to the jury. But we dissent from the proposition that the court may limit the argument for the personal convenience of the presiding judge. In the case before us, the record discloses that a suit involving nearly, two thousand dollars, and presenting an issue of fraudulent transfer of property by an insolvent debtor, counsel were limited to forty-five minutes to a side, because "the presiding judge desired to return to his home on a train which would pass the town in which court was being held in about one hour and forty minutes. Besides the limitation imposed upon counsel, we think the action of the court objectionable, as indicating to the jury the necessity of an almost instantaneous decision, under the implied threat of compelling it to remain over from Saturday to Monday, in the event a prompt verdict was not returned. The record shows that the j udge stated, upon the conclusion of the testimony, that he was going home on the train, and would limit counsel to forty-five minutes on each side. This left to the jury some ten or fifteen minutes to consider the case, and decide it before the arrival of the train' upon which the judge had declared his purpose to leave. If the verdict had not been returned in that time, and the judge should have adhered to his expressed
The court also erred in allowing an attorney’s fee of two hundred and forty-five dollars to the garnishee. Whatever may be the extent of the statute authorizing the court, “ in exceptional cases to allow the garnishee reasonable compensation,” in addition to his per diem and mileage allowed all garnishees, we are satified that it does not warrant the allowance of an attorney’s fee, where the good faith of a transaction between the defendant and the garnishee is the subject of the issue.
Reversed.
Reference
- Full Case Name
- A. Senior & Sons v. John T. Brogan
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- 5 cases
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- Syllabus
- 1. Practice. Limiting argument. The power of the court to limit argument springs from its duty to protect other litigants and the public against the unnecessary use of the time of the courts. The power should be exercised so as not to abridge the right of any party to fully and freely present his case to the jury. 2. Same. Personal convenience of presiding jttdge. Considerations of personal convenience on the part of the presiding judge should not influence him in placing a limit of time on the argument of counsel to the jury. 3. Same. Case in judgment. In this case, involving about sixteen hundred dollars, where the good faith in the sale of a stock of goods is the main inquiry, and where twelve witnesses were examined, and documentary evidence was introduced, a limitation of forty-five minutes to a side for argument before the jury considered and held erroneous, and necessitating a reversal. 4. Deliberation by tiie Jury. Action of court, calculated to induce haste. Where, pending a trial on Saturday aud after the conclusion of the evidence, an announcement is made by the judge fixing the hour for adjournment for the week, which indicates to the jury when they retire the necessity for an almost instantaneous decision to avoid remaining over during the recess from Saturday until Monday, such announcement is improper, as tending to influence the jury to undue haste in reaching a decision, and will vitiate the verdict so rendered. 5. Garnishment. Attorney’s fee. Code, % 2448. Our statute, code 1880, g 2448, which authorizes the court in exceptional cases to allow the garnishee reasonable compensation, in addition to per diem and mileage, does not warrant the allowance to him of his attorney's fee in a controversy between the plaintiff and the garnishee, the good faith of a transaction between the defendant and the garnishee being tlie subject of the issue.