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· 6/15/1909

Brown v. Bowie

Citations

  • 58 Fla. 199

Syllabus

<p>1. The findings of a referee upon questions of fact, where the witnesses are examined before him, are entitled to the same weight as the verdict of a jury. In neither the one case nor the other would an appellate court be warranted in disturbing such findings or verdict or in reversing the judgment because the evidence adduced is conflicting.</p> <p>2. Where the only grounds of objection interposed to proffered evidence were that the “same was immaterial, irrelevant and not pertinent to any issue' made in the pleading,” such grounds of objection are properly overruled, unles® the evidence so objected to i® palpably prejudicial, improper, and inadmissible for any purpose.</p> <p>S. An appellate court will consider only such grounds of objection to the admissibility of evidence as were made in the court below, the plaintiff in error being confined' to the specific grounds of objection made by him in the trial court, and only such of the grounds so made below as are argued will be .considered by an appellate court.</p>

Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield

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