Johns v. Bowden

Citations

• 72 Fla. 530
• 73 So. 603

Syllabus

<p>1. 'An appellate court should not reverse a judgment, however erroneously an isolated point may have been ruled by the Judge ' below, when it is clearly apparent that the party complaining was in no way injured by such improper ruling.</p> <p>2. Where the sole issue to be determined in a case is whether or not the land described in the bill of complaint was the homestead of B. at the time of his death, such issue must be determined by a careful examination of all the evidence adduced, in the light of the principles of law laid down in the opinion rendered upon a former appeal which have become the law of the case.</p> <p>3. All points adjudicated by an appellate court upon a writ of error or an appeal become the law of the case, and are no longer open for discussion or consideration, but this principle has no applicability to and is not decisive of points presented upon a second writ of error that were not presented upon the former writ of error, and consequently were not before the appellate court for adjudication.</p> <p>4. A sworn answer denying the allegations in the bill which are essential to sustain the case of complainant and entitle her to relief is evidence in favor of defendant and conclusive, unless overcome by the testimony of two witnesses, or of one witness corroborated by other circumstances which are of greater probative weight than the answer, provided that the oath to the answer has not been waived and the answer is directly and positively responsive to the material allegations of the bill</p> <p>5. When the answer concludes with the usual general denial found in such a pleading, it is sufficient to make an issue on material allegations in the bill not admitted in the answer and to which no especial response is made. Such statements can not be taken as admitted to be true, but must be proved by at least a preponderance of the testimony.</p> <p>6. While the findings and conclusions of a chancellor, where the testimony is not taken before him, bu