Stewart v. Mills
Supreme Court of Florida
Writ of Error to the Circuit Court for Orange county. Chapter 2096 of the Laws of Florida (McClellan’s Digest, page 338) provides that “ if either of the parties, or their attorneys, present to the Judge their instructions in writing on the point or points of law or exceptions taken arising on the trial, it shall be the duty of the Judge to declare, in writing, to the jury his ruling thereupon as presented, and pronounce the same to the juiy as given or refused.”
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Writ of Error to the Circuit Court for Orange county. Chapter 2096 of the Laws of Florida (McClellan’s Digest, page 338) provides that “ if either of the parties, or their attorneys, present to the Judge their instructions in writing on the point or points of law or exceptions taken arising on the trial, it shall be the duty of the Judge to declare, in writing, to the jury his ruling thereupon as presented, and pronounce the same to the juiy as given or refused.” Rule 75, referred to in the opinion, provides that “ in actions for taking, damaging or converting the plaintiff’s goods, the plea…
1Opinion of the Court
The Chiee-Justice
delivered the opinion of the court.
This was a suit brought by Mills for the taking and detention of a quantity of corn, the property of plaintiff. The defendant pleaded simply not guilty.
After hearing the testimony and the charge of the court, the jury found for the plaintiff and assessed damages, upon which judgment was entered for plaintiff.
There are minutes of what purports to be testimony copied into the record, but we cannot examine or consider it, as it is not attested Uy a bill of exceptions as the testimony given on the trial.
The only exception noted in the record and…
2Cited by11 opinions
- Blige v. StateSupreme Court of Florida · 1884
- Neal v. SpoonerSupreme Court of Florida · 1883
- Richardson v. StateSupreme Court of Florida · 1891
- Anderson v. E. W. Agnew & Co.Supreme Court of Florida · 1896
- Mendenhall v. StateSupreme Court of Florida · 1916
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