Bishop v. Taylor
Supreme Court of Florida
Writ of error to the Circuit Court for Marion county. Statement. The defendant in error began an action of assumpsit against the plaintiff in error, in the Circuit Court of Marion county, the declaration filed December 5, 1892, containing only common counts for money received, money lent and accounts stated, in the sum of $2,000. The defendant filed his plea “never was indebted/' and issue being joined thereon, the cause was tried before a jury on October 11, 1893, resulting…
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Writ of error to the Circuit Court for Marion county. Statement. The defendant in error began an action of assumpsit against the plaintiff in error, in the Circuit Court of Marion county, the declaration filed December 5, 1892, containing only common counts for money received, money lent and accounts stated, in the sum of $2,000. The defendant filed his plea “never was indebted/' and issue being joined thereon, the cause was tried before a jury on October 11, 1893, resulting in a verdict for defendant. Thereupon plaintiff filed his motion to set .aside the verdict and grant a new trial upon…
1Opinion of the Court
Carter, J.:
The writ of error is from an order granting a new trial and is authorized by section 1267, Revised Statutes, which reads as follows: “Upon the entry of an order granting a new trial at law, the party aggrieved by such order may, without waiting for a final judgment in the cause, prosecute a writ of error to the proper appellate court, which shall review the said order, and if the cause be reversed, shall direct final judgment to be entered in the court below, for the party who had obtained the verdict in the court below, unless a motion in arrest of judgment or for judgment non…
2Cases cited3 opinions
- Robinson v. HartridgeSupreme Court of Florida · 1869
- Gordon v. CampSupreme Court of Florida · 1849
- Reddick v. JosephSupreme Court of Florida · 1895
3Cited by31 opinions
- Ruff v. Georgia, Southern & Florida Railway Co.Supreme Court of Florida · 1914
- Carney v. StringfellowSupreme Court of Florida · 1917
- Willis v. FowlerSupreme Court of Florida · 1931
- Cullen v. Seaboard Air Line RailroadSupreme Court of Florida · 1912
- McMillan, Et Vir v. NelsonSupreme Court of Florida · 1942
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