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· 1/15/1903

Anderson v. Broward

Citations

  • 45 Fla. 160

Syllabus

<p>1. It was not error to deny change of venue asked- for upon the ground of odium attaching to the plaintiff from sentence and confinement in the county jail when -his suit is for -the malicious prosecution of the charge upon which the conviction was had, and no special-, circumstances are shown to support the alleged ground of the motion,</p> <p>2. When a plaintiff refuses to prosecute his case the court should dismiss it for want of prosecution, and not over his objection impanel a jury and enter judgment for the defendant.</p> <p>3. A judgment erroneously entered against a plaintiff should not be affirmed upon the ground that the court erred in overruling a demurrer to his declaration.</p>

Judges: Maxwell

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