Caldwell v. Peoples Bank

Citations

• 73 Fla. 1165
• 75 So. 848

Syllabus

<p>1. A writ of error does not lie to an order refusing to dissolve an attachment. Where it is desired to have such order reviewed by the appellate court the proper course to pursue is to have the bill of exceptions, upon the trial of an issue of fact before the jury in the attachment proceedings, settled and signed and filed as in other cases and incorporate the same in the transcript, after final judgment has been rendered in favor of the plaintiff in the main action, to which a writ of error has been sued out.</p> <p>2. Upon a traverse in attachment proceedings of the debt or sum demanded the better practice to pursue is to make seasonable application to the Court, in accordance with the provisions of Section 2120 of the General Statutes of 1906, in all cases where the issues have not already been made up in the main suit, to require the formal pleadings in the main -suit to be made up and the issues therein settled by special order, without reference to the time fixed by the rules or statutes for . pleading in regular course, in order that the issues in the main case thus made up may be submitted to the court or jury along with the issues raised by the traverse of the special ground of attachment alleged.</p> <p>3. Actions in assumpsit and attachment, proceedings ancillary thereto are so far severable that on'writ of error the judgment may be affirmed as to the former and reversed as to the latter.</p> <p>4. General objections to evidence proposed, without stating the precise grounds of objections, are vague and nugatory, and are without weight before an appellate court, unless the evidence objected to is palpably prejudicial, improper, and .inadmissible for any purpose or under any circumstances.</p> <p>5. A party who objects to the competency of a witness or to proffered evidence should state specifically the grounds of his objection, in order to apprise the court and his adversary of the precise objection he intends to make.</p> <p>6. An appellate court will