
    3818.
    Satterfield v. Ayers & Cunningham.
    Decided March 6, 1912.
    Action for breach of warranty; from city court of Hartwell.
    Oc-
    tober 31, 1911.
    
      A. A. McOurry, for plaintiff in error.
    
      J. H. Slcelton, contra.
   Hill, C. J.

1. Where an attorney, in the argument of a ease before the

jury, uses improper language which is claimed to be prejudicial, it is the duty of the attorney for the opposite party to invoke a ruling of the trial judge thereon, either by the declaration of a mistrial or by reprimanding the off ending attorney and giving proper instructions in reference to the language so used to the jury; and where no such action is invoked, the use of the improper language can not subsequently be made a ground of a motion for a new trial. Lavender v. State, 9 Ga. App. 856 (72 S. E. 437).

2. Except as above decided, no error of law is complained of; and the verdict is supported by the evidence. Judgment affirmed.  