NICHOLS, J.
1. After the call of the case for trial and after counsel for both parties had announced ready, but before a jury had been stricken, counsel for the plaintiff made certain remarks within the hearing of the prospective jurors which, according to counsel for the defendant if made during the progress of the trial, would have been grounds for a mistrial. Counsel for the defendant made a motion for a continuance for the term which was denied.
"Improper...
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