Burnett v. Soule

Citations

• 78 Fla. 507
• 83 So. 461

Syllabus

<p>1. Where there is conflicting evidence on the issues ¡made, and the verdict is not manifestly iagainst the weight of the evidence, the court should not interfere and set aside the verdict of the jury.</p> <p>2. An assignment of error not argued will be treated as abandoned.</p> <p>3. It is not error to refuse a requested instruction where the same points are covered by other instructions given.</p> <p>4. In determining the Correctness of instructions they should be considered as a whole, and in passing upon a single instruction or charge it should be construed in connection with all of the other instructions iand charges bearing on the same subject, and if when thus considered the law appears to have been fairly presented to the jury an assignment predicated upon the giving of such instruction must fail.</p> <p>5. In an action of replevin a verdict of the jury as follows: “We, the jury, find in favor of the plaintiff for” (here followed by a description of' the property, separate valuation as to each item, and total aggregate valuation), unobjected to when rendered, while not commended in matter of form, should be construed in connection with the issues made by the pleadings, the evidence in the cause, and the charge of the court, and when so construed it is equivalent t'o finding all the issues in favor of the plaintiff.</p> <p>6. The plea of not guilty in an action of replevin puts in issue not only the right of the plaintiff to the possession 'of the property described in the declaration, but the wrongful taking and detention thereof, and a verdict of the jury as follows: “We, the jury, find in favor of the plaintiff for” (here followed by a description of the property, separate valuation as to each item, and total aggregate valuation) unobjected to when rendered, while not commended in matter of form, is equivalent to finding the right of possession in the plaintiff, and is sufficient to support final judgment awarding possession to plaintiff.</p>