Bagget v. Savannah, Florida & Western Railway Co.

Citations

• 45 Fla. 184

Syllabus

<p>1. Charges given or refused by the court below can .be considered by this court only when incorporated in a bill of ex- ■ ceptions or when signed by the trial judge and filed by him as provided in Sections 1090' and 1091 of the Revised Statutes.</p> <p>2. The action of th'e lower court in granting a motion for a new trial can not be reviewed- by this court where several of the grounds of the motion are based upon the rulings of the court in giving or refusing charges not before this court for consideration.</p> <p>3. It is not error to treat as a motion and not as a mere notice of motion an entry upon the motion docket that “on the 25th day of October, A. D. 1899, I shall move the court to set aside the verdict for a new trial on the following grounds,” followed by a statement of the grounds in the usual form.</p> <p>4. In granting defendant’s motion that the verdict of the jury be set aside and for a new trial, the court should not enter final judgment for £he defendant.</p>