Owens v. Wilson
Supreme Court of Florida
This case was decided by Division A. Writ of error to the Circuit Court for Hernando County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtCockrell, J.
This is a writ of error addressed to the grant of a new trial upon verdict for the defendant in a distress proceeding. Upon such a writ, unlike one di*336rected to a final judgment, the only questions to be considered are those involved in the order granting the' new trial. Jones v. Jacksonville Electric Co., 56 Fla., 452, 47 South. Rep. 1.
It is insisted that distress proceedings are entirely regulated by statute and as the statute provides for appeals and is silent as to motions for new trials, such procedure is forbidden by implication. There may be authority for this position in some Code…
2Cases cited4 opinions
- Jones v. Jacksonville Electric Co.Supreme Court of Florida · 1908
- Jones v. ShomakerSupreme Court of Florida · 1899
- Meter, Weis & Co. v. Oliver & GriggsTexas Supreme Court · 1884
- Tyner v. SlappeySupreme Court of Georgia · 1884
3Cited by14 opinions
- Ruff v. Georgia, Southern & Florida Railway Co.Supreme Court of Florida · 1914
- Evans v. KloeppelSupreme Court of Florida · 1916
- Dunnellon Phosphate Co. v. Crystal River Lumber Co.Supreme Court of Florida · 1912
- Beckwith v. BaileySupreme Court of Florida · 1935
- Beverly v. HardawaySupreme Court of Florida · 1913
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