Gregory v. Woodbery

Citations

• 53 Fla. 566

Syllabus

<p>1. Independent of a statute to that effect, counsel or attorney’s fees are not recoverable as an element of damage in an-action of replevin. The word “damages” in paragraph 1 of section 1724 of the Revised Statutes of 1892, is not sufficiently comprehensive to embrace the attorney’s fees incurred by the plaintiff in prosecuting his action of replevin.</p> <p>2. A'motion to strike out from the declaration in an action of replevin that portion thereof which seeks to recover attorney’s fees as an element of damage is the proper method of attack and should be granted.</p> <p>3. Under the provisions of chapter 5191, laws of 1903, whenever a census of a city or town is taken as provided therein, such census is admissible as legal evidence of the number of dona fide inhabitants of such city or. town in all questions wherein the same may be at issue.</p> <p>4. The acts of de facto officials are valid as to the effect upon the public, though they may not be able to protect themselves in reference to their action.</p> <p>5. In an action of replevin, where the testimony does not show any wilful wrong, fraud or malice on the part of the defendant, there is no occasion for the giving of a charge or instruction- defining punitive damages.</p>