Elmer Swanson v. Waldo Swanson

1. At the trial counsel for plaintiff persisted in treating statements procured by one of defendants counsel from two witnesses, one of them plaintiff himself, as having been improperly if not fraudulently procured, although such statements were then demonstrably free from impropriety or fraud. The case being close on the merits and it being difficult to see how, under the instructions, the verdict can be sustained, the misconduct of plaintiffs counsel held to require a new trial.