Supreme Court of New Hampshire June 15, 1867 (Zollar v. Janvrin)

Bellows, J.

"We see nothing in the opening of the plaintiff’s counsel that ought to disturb the verdict. If statements had been made by the counsel fraudulently, knowing that no proof could be offered in their support, and they were of a character likely to 'injure materially the defendant, even after instructions to the jury to disregard them, the judge, who tried the cause, might be justified,