Anderson v. E. W. Agnew & Co.
Supreme Court of Florida
Writ of error to the Circuit Court for Levy county. STATEMENT. The defendants in error, who were plaintiffs below, on May 18th, 1881, brought their action in trover against A. E. Hodges in his life-time. The declaration alleged the conversion to his own use by said Hodges •of 499 sticks of cedar timber belonging to the plaintiffs. To this declaration the defendant Hodges plead not guilty.
Read the full summary
Writ of error to the Circuit Court for Levy county. STATEMENT. The defendants in error, who were plaintiffs below, on May 18th, 1881, brought their action in trover against A. E. Hodges in his life-time. The declaration alleged the conversion to his own use by said Hodges •of 499 sticks of cedar timber belonging to the plaintiffs. To this declaration the defendant Hodges plead not guilty. Some other pleas were filed by the original defendant, but there being no contention that they are sustained by the evidence in the case, there is no need of further mention of them. No further action seems…
1Opinion of the Court
Liddon, J.,
{after stating the facts).
In the argument upon the assignment of error predicated upon the overruling of the plea of the statute of non claim no question is raised as to the manner in which the ruling was made. Without reference to the procedure, the plaintiff in error contends that upon the record and the evidence in the case the judgment upon this plea should have been for the defendant. We consider the case as presented. Although the plea in question was overruled before the trial was had upom the other pleas, the defendant offered, without objection, his evidence to sustain…
2Cases cited7 opinions
- Robinson v. HartridgeSupreme Court of Florida · 1869
- Bush v. AdamsSupreme Court of Florida · 1886
- Ellison v. AllenSupreme Court of Florida · 1858
- Stewart v. MillsSupreme Court of Florida · 1881
- Barker v. ShepardMississippi Supreme Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Senfeld v. Bank of Nova Scotia Trust Co.District Court of Appeal of Florida · 1984
- McRae v. JD/MD, Inc.Supreme Court of Florida · 1987
- Rorick v. StilwellSupreme Court of Florida · 1931
- Louisville & Nashville Railroad v. Citizens & Peoples National BankSupreme Court of Florida · 1917
- Smith v. FeschheimerSupreme Court of Florida · 1936
4 more not listed; retrieve them via the Exa API.