Hinote v. Simpson

The Cettef Justice

delivered the opinion of the court.

Demurrers, to evidence are so seldom resorted to, that in many of the States the practice is scarcely known to the profession. ' In this State but one case has been before this court, and then the question that arises here was avoided. Higgs vs. Shehee, 4 Fla., 382. From the reading of that case we infer that the demurrer was properly framed.

In the present case the plaintiff having submitted his testimony, all of which was oral, the defendant’s counsel announced that he demurred to the evidence, whereupon the court discharged the jury,…