Brundage v. O'berry, Jr.

Respondent O'Berry brought an action of replevin in the Civil Court of Record in and for Dade County, Florida, against C. F. Brundage for recovery of an automobile. Brundage gave a forthcoming bond and the automobile was redelivered to him.

A plea of not guilty was filed to the declaration and the cause was tried before the court without a jury resulting in judgment for defendant.

Motion for new trial was denied and writ of error was sued out to the circuit court. The record in the appellate court contains a bill of exceptions certified to by the trial judge as containing all the evidence.

The…