Coker v. Merritt's

Citations

• 16 Fla. 416

Syllabus

<p>1. It is within the discretion of the Court to rule out any improper evidence which has been admitted in the progress of a trial, before the closing arguments of the counsel.</p> <p>% Under Section 28 of “An Act relating to Jurors,” approved August 1, 1868, the Court is to determine the necessity of a view by the jury of “the premises or place in question,” and having exercised a sound discretion in denying a motion for such view, this Court will not interfere.</p> <p>3. To authorize a Court to grant a new trial upon the ground of newly discovered evidence, the party must show that the evidence has come to his knowledge since the trial; that it is not through the want of diligence that it did not come to his knowledge sooner, and that it is not cumulative, but relates to facts upon which there was, on his part, ' no evidence on the trial complained of. ' ■</p> <p>■4. When it is alleged as error that certain' undue influences were brought , to bear upon some members of the jury to prejudice or mislead them, or to influence them to find for a party, the misconduct or irregularity so complained of upon the part of the party or the jurors, must be satisfactorily proven.</p> <p>5. A verdict will not be set aside when the evidence is conflicting, unless it is apparent that the jury have been actuated by some improper motive.</p>