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MARY E. MUNSON, PLAINTIFF-RESPONDENT, v. H.Y. JOHNSON, J.A. NESBITT ANDWILLIAM MILLER, DEFENDANTS-APPELLANTS.

Whether a witness shall be recalled for the purpose of impeachment is a matter resting in the discretion of the trial court, whose action will not be reviewed on appeal unless an abuse of discretion is shown.

PER CURIAM.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by the Supreme Court.

For affirmance — THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, HEHER, VAN BUSKIRK, KAYS, DEAR, WELLS, JJ. 11.

For reversal — None.

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MUNSON v. JOHNSON
(Apr 28, 1933)