Maultsby v. Boulware

Citations

• 47 Fla. 194

Syllabus

<p>1. Where amendments to a declaration are stated to consist in striking out certain words as they appear on certain numbered lines of the original declaration and inserting in lieu thereof certain other words, and in the transcript filed in the Supreme Court the pages and lines of the declaration as filed in the trial court are not preserved or in any way identified so the appellate court can intelligently determine where the amendments should appear in the transcript, or the effect of the amendments, and the trial court held the declaration to be good on demurrer, and no error is made to appear to the appellate court, the ruling of the trial court will not be disturbed.</p> <p>2. Where a plea of not guilty is on file and the defendant moves to be allowed two days in which to file other pleas and the motion is not supported by any showing that defendant in fact desired or intended to file other pleas than the general issue already on file or that he had a defense which could not be presented under the general issue, and no excuse is shown for the delay, the ruling of the trial court denying the motion will not be disturbed.</p> <p>3. In considering the propriety of charges given to the jury this court is confined to the statements of the evidence, or what the evidence tended to prove, which follows the charge in the ordinary bill of exceptions, and when the charge has not proper basis in the evidence so stated the charge will be held to be erroneous.</p> <p>4. It is not reversible error to refuse instructions upon points substantially covered by charges given.</p> <p>5. In an action to recover damages for the killing of two mules, requested instructions to find for the defendant if one of the mules was killed under circumstances stated in the charges severally are properly refused.</p>