Livingston v. L'Engle

Citations

• 22 Fla. 427

Syllabus

<p>1. The transcript of the proceedings should show affirmatively the making of an intermediate order which it is sought to have reviewed on appeal.</p> <p>2. Where one of the errors assigned is the making of an order striking out a plea, and a statement of the making of such order in and as one of the grounds of a motion for a new trial is the only showing in the record that such an order has been made, and it. appears that such motion has been denied by the Circuit Court, the fact that such an order has been made by the Circuit Court, will not be assumed, nor can a review of the alleged order be based on the mere statement in the motion.</p> <p>3. Where the only plea or where all the pleas to the declaration are of new matter and there is no replication and consequently no issue of fact, it is error to submit the case to a jury for trial; and such error may be taken advantage of primarily on appeal.</p>