JORDAN, Judge.
Special ground 1 of the amended motion for new trial complains that the ruling of the court in refusing to invoke the rule upon timely request prior to allowing the defendant's witnesses to testify in court under oath before the jury was stricken denied to the plaintiff a substantial and positive right. We must agree with this position. The fact that the witnesses were sequestered at a later stage of the trial did not cure the error. They had already...
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