Palmer v. Peak
Palmer v. Peak
Opinion of the Court
Upon the trial the chief issue made was that the will was forged by one of the attorneys for the contestee. The witnesses and evidence supporting and disputing this issue were subjected, in argument, to severe attack by counsel upon both sides. This was necessarily so because of the character of the charge made and because of the nature of the evidence supporting or negativing that issue.
The claim is here made that counsel for the contestee was guilty of professional misconduct in argument. That he over-stepped the bounds of professional conduct is clear, and it is equally clear that the court neglected its official duty in permitting it, although a part of this impropriety was provoked by counsel for the contestor. . But in view of the direct evidence offered upon the issue made we cannot say that a different verdict would have resulted had the improper language not been used, or that the error claimed was so prejudicial as to require a reversal. "We find no other error in the record. On considera
Judgment affirmed.
Reference
- Full Case Name
- Palmer v. Peak, etc.
- Status
- Published
- Syllabus
- Contest of will — Forgery—Misconduct of counsel — Argument to jury.