John D. C. v. State ex rel. Julia V. H.

Citations

• 16 Fla. 554

Syllabus

<p>T. This court has jurisdiction to hear and determine an appeal from a judgment rendered by a Circuit Court in an action brought under the statute in relation to the maintenance of bastard children.</p> <p>2.. The court will not reverse the finding of a. jury upon a question of fset, .unless the. verdict is so. clearly and .manifestly against the weight of evidence as to suggest the presumption that it was produced by influences other than a proper consideration of the testimony.</p> <p>;3. The court, in the exercise of a sound discretion, has a right to excuse a juror, although he may be found competent to serve; and such an exercise of discretion is no error, although objected to by the parties to the action.</p> <p>i. Am. exception to a portion of the charge of the court to the jury, to be available as error on review, must be to a separate, particular and specific portion of such charge. The language used by the court should be designated; a general exception fails if any part of such charge is correct.</p> <p>5. The form of the judgment ordered by the court in such cases should be in strict compliance with the directions of the statute.</p> <p>>6. In an action of bastardy the mother has an interest in the result which may be taken into consideration by the jury in considering her credibility as a witness, and the court should have so instructed the jury when requested so to do by the defendant’s counsei.</p>