McClellan v. Wood

Citations

• 78 Fla. 407
• 83 So. 295

Syllabus

<p>T. A trial of an action at law is not concluded where a motion for new trial is duly made therein, until the motion for new trial is finally disposed of.</p> <p>2. Tinder the statutory provisions that “writs of error shall lie only from final judgments” and that adjudications of motions for new trial shall be entered in the minutes of the court, and that writs of error shall be taken within six months “from the date of the judgment,” the limitation has reference to the date when the judgment becomes final by an adjudication upon a motion for new trial, where one is duly made and prosecuted in the qause, and n'ot to the date the judgment is in fact entered at the trial under the statute.</p> <p>3. The judgment should not be reversed or a new trial granted in any case, civil or criminal, for errors in rulings upon the admission or rejection of evidence or for errors in giving 'or refusing charges, or for errors in any other matter of procedure or practice, unless it shall [appear to the Court from a consideration of the entire cause that such errors injuriously affect the substantial rights of the complaining party. Nor should a judgment be reversed or a new trial granted on the ground that the verdict is not sustained by the evidence unless it appears that there was n'o substantial evidence to support th‘e finding or that upon the whole evidence . the verdict is clearly wrong or that the jury were not governed by the evidence in making their finding.</p>