Ward v. Bull
Supreme Court of Florida
Error to Leon Circuit Court. By consent of parties, a Jury was waived, and this case, at the Spring Term of Leon Circuit Court, 1846, submitted to be tried by the Court — His Honor Judge Macrae, presiding. The facts will be found in the opinion of the Court.
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Error to Leon Circuit Court. By consent of parties, a Jury was waived, and this case, at the Spring Term of Leon Circuit Court, 1846, submitted to be tried by the Court — His Honor Judge Macrae, presiding. The facts will be found in the opinion of the Court. I. That a writ of error would lie in this case ; for although a Jury was waived at the trial below, and no questions of law appear to have been expressly raised, yet the amount of the jtdgment below, itself, shews what legal construction was put by the Court upon the facts, which facts are spread upon the record. If that legal…
1Opinion of the Court
Douglass, Justice:
This is an action of assumpsit, and was brought up from the Cir-Court of Leon county by Writ of Error. The declaration contains two counts:
First — Money lent and advanced, money paid, laid out and expended, and money had and received.
Second — For use and occupation. Plea, non assumpsit.
A Jury, to assess the damages, was waived by the parties to the suit by their respective attorneys, and the facts were submitted to the Court for its decision, pursuant to the provision contained in the first section of the act of November 21st, 1829, “ To amend an act regulating judicial…
2Cases cited8 opinions
- Capron v. Van NoordenSupreme Court of the United States · 1804
- Smith v. StewartNew York Supreme Court · 1810
- Featherstonhaugh v. BradshawNew York Supreme Court · 1828
- Hammitt v. Bullett's ExecutorsCourt of Appeals of Virginia · 1799
- Covy v. StateSupreme Court of Alabama · 1836
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3Cited by7 opinions
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- Waln v. HowardSupreme Court of Florida · 1940
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