Sedgwick v. Dawkins
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. This is an action of ejectment brought by Sedgwick against Dawkins to spring term, A. D. 1870, of the Circuit Court for the Fourth Judicial Circuit of Florida, Duval county. At that term there was trial and verdict for the plaintiff. The defendant, within four days after the verdict, entered a motion in arrest of judgment, which the court continued. Ho supersedeas was ordered by the court.
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Appeal from the Circuit Court for Duval county. This is an action of ejectment brought by Sedgwick against Dawkins to spring term, A. D. 1870, of the Circuit Court for the Fourth Judicial Circuit of Florida, Duval county. At that term there was trial and verdict for the plaintiff. The defendant, within four days after the verdict, entered a motion in arrest of judgment, which the court continued. Ho supersedeas was ordered by the court. Upon the record is a judgment, regular in form, purporting to " have been entered on the same day that the verdict was rendered. Afterwards, and on the third…
1Opinion of the Court
Mk. Justice Westcott
delivered the opinion of the court.
In the absence of a bill of exceptions or case, this court cannot consider any matter of evidence, or of law, in the shape of instructions based upon evidence, where a knowledge of the evidence is necessary to determine its application or correctness. The evidence heard upon either of the trials, or which was considered in the disposition of the several motions in this case, is, for this reason, not before us for consideration.
Under these circumstances, the presumption of law is that there was evidence to justify the action of the court…
2Cases cited11 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Bennett v. ButterworthSupreme Court of the United States · 1851
- Slacum v. PomerySupreme Court of the United States · 1810
- Garland v. DavisSupreme Court of the United States · 1846
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3Cited by6 opinions
- Einstein's Sons & Leffler v. DavidsonSupreme Court of Florida · 1895
- McGee v. AncrumSupreme Court of Florida · 1894
- Sedgwick v. DawkinsSupreme Court of Florida · 1881
- Kirkland v. StateSupreme Court of Florida · 1915
- Forcheimer Bros. v. TarbleSupreme Court of Florida · 1887
1 more not listed; retrieve them via the Exa API.