Clary v. Isom
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Walton County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtCockrell, J.
—This writ of error is directed to an order granting a new trial, following a verdict for the defendant, and was sued out in evident misconception of the rule governing appellate courts in such cases.
The decisions cited to us are all cases where the trial court having concurred in the verdict of the jury, this court refused to interfere.
When, however, the trial court sets aside that verdict .and we are called upon to exercise the power conferred by statute, to review that action, the rule is not whether there might not be evidence to support the verdict, but whether that evidence…
2Cases cited2 opinions
- Farrell v. SolarySupreme Court of Florida · 1901
- Allen v. LewisSupreme Court of Florida · 1901
3Cited by12 opinions
- Ruff v. Georgia, Southern & Florida Railway Co.Supreme Court of Florida · 1914
- Jones v. Jacksonville Electric Co.Supreme Court of Florida · 1908
- Cheney v. RobertsSupreme Court of Florida · 1919
- Harrison v. FrinkSupreme Court of Florida · 1918
- Myers v. Atlantic Coast Line Railroad CompanySupreme Court of Florida · 1956
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