Hainlin v. Budge
Supreme Court of Florida
This case was decided 'by Division A. Writ of Errtxr to the Circuit Court for Dade County. Statement. On the 26th day-of October, 1905, the plaintiff in error brought an action against the defendant in error in the Circuit Court for Dade County, seeking to recover damages for personal injuries received by the plaintiff by reason of the alleged negligence of the'defendant.
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This case was decided 'by Division A. Writ of Errtxr to the Circuit Court for Dade County. Statement. On the 26th day-of October, 1905, the plaintiff in error brought an action against the defendant in error in the Circuit Court for Dade County, seeking to recover damages for personal injuries received by the plaintiff by reason of the alleged negligence of the'defendant. The declaration is as follow's: “Mary F. Hainlin by F. M. Hudson, her attorney, sues Frank T. Budge in an action of trespass, and for cause of action says: On the 6th day of June, A. D. 1905, in the city of Miami, Dade…
1Opinion of the Court
Shackleford, C. J.,
(after stating the facts.) — The first two assignments are as follows:
“1. The court erred in permitting defendant’s motion for a new trial, filed on the 15th day of September, 1906, to be amended by the defendant on the 5th day of October, 1906, so as to set up newly discovered evidence, such amendment not having been filed within four days after the rendition of the verdict nor during the same term of the court at which the verdict was rendered.
2. The court erred in entering and granting an order on the 19th day of October, 1906, whereby defendant was granted a new trial,…
2Cases cited64 opinions
- Hoodless v. JerniganSupreme Court of Florida · 1903
- Lewis v. StateSupreme Court of Florida · 1908
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Louisville & Nashville Railroad v. YniestraSupreme Court of Florida · 1886
- Robinson v. HartridgeSupreme Court of Florida · 1869
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3Cited by24 opinions
- Ruff v. Georgia, Southern & Florida Railway Co.Supreme Court of Florida · 1914
- White v. HughesSupreme Court of Florida · 1939
- Farnsworth v. Tampa Electric Co.Supreme Court of Florida · 1911
- City of Key West v. BaldwinSupreme Court of Florida · 1915
- State Ex Rel. Marshall v. PettewaySupreme Court of Florida · 1935
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