Duncan v. Jackson
Citations
- 16 Fla. 338
Syllabus
<p>1. Where the verdict of the jury is plainly against testimony, as to which there is no question of credibility, a new trial should he awarded. Hence, in an action of ejectment, under our statute, where there is no. question as to the allowance of mesne profits, and where the value is fixed by the testimony, the jury must find some damages.</p> <p>2. Under the statutes of this State, certain occupying claimants, after judgment of eviction against them, may have the value of their improvements assessed hy a jury in a particular manner and under a special charge. This and other provisions of the statute are of such character that the value of the improvements cannot be set off before judgment against the mesne profits recoverable as damages in the action of ejectment.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding statute that requires “adjudication of paternity after the death of the father based upon clear and convincing proof” before children born out of wedlock may inherit from putative father is constitutional
Source: CourtListener parenthetical corpus (CC0).
Judges: Westcott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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