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206 S.W. 708

Collier Love v. Welborn

Court of Appeals of Texas

Decided November 14, 1918

Court of Appeals of Texas · decided 1918-11-14

<p>Appeal and Error <@=>1060(4) — Review — Harmless Error — Improper Argument.</p> <p>Where evidence warranted verdict for plaintiff, and for much larger amount than one actually returned, improper argument by attorney for plaintiff in his address to jury did not constitute reversible error.</p>

Cited by 1 later decisions — most recently March 1936

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-11-14

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HIGGINS, J.

¶1 This is a suit by appellee upon an injunction bond to recover damages for the wrongful suing out of the injunction. From a verdict and judgment awarding damages, this appeal is prosecuted; three errors being assigned.

¶2 ' The first complains of the overruling of an exception. In this action there was no error. The remaining assignments complain of improper argument by counsel for appel-lee in his address to the jury. We think the argument was objectionable, but that it presents no reversible error. Under the evidence, plaintiff was entitled to a verdict, and it was simply a question of the amount. The evidence warranted a verdict for a much larger amount than the one returned. It is apparent the objectionable argument had no improper influence upon the jury. It therefore presents no ground for reversal.

¶3 Affirmed.

¶4 (g=3For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

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