Dupuis v. Thompson

Citations

• 16 Fla. 69

Syllabus

<p>3. Pleading over after judgment upon demurrer, and taking issue upon or replying to the pleading, is a waiver of the demurrer.</p> <p>3. The entry of the grounds of a motion for new trial upon the moticta docket, is a filing of the reasons for such motion with the Clerk as required by the statute.</p> <p>3. The rules of practice of the Circuit Court require notice of a motion for new trial, and where the party fails to give such notice, the court may properly refuse to consider the motion.</p> <p>4. A motion for new trial is not a waiver of exceptions, and if for any reason such motion cannot be considered in this court, and the exceptions during the trial are properly embodied in the record, we can review the rulings of the Circuit Court in this respect. As to this matter the case then stands substantially in the same attitude' that it would have been before the statute authorizing a review by this court of the rulings of. the Circuit Court upon a motion for new trial.</p> <p>5. After a deed has been offered and read in evidence to the jury without objection, and the party offering it in evidence has closed, it is too late to insist upon the formal proof of its execution.</p> <p>6. Where a charge embraces several distinct propositions, a general exception to the charge is not available if any one of the propositions is correct.</p> <p>7. The legal presumption is that an officer does his duty when acting under a general power, such as a sale under A party claiming under a sheriff’s deed of this character, need not prove the advertisement when he puts in evidence the judgment, the execution, the levy, the return of the sheriff, and his deed reciting due and legal advertisement and sale.</p>