McMillan v. Warren

Citations

• 59 Fla. 578

Syllabus

<p>1. In equity, as well as at law, every presumption is in favor of the correctness of the rulings of the trial judge, and it is the duty of a party resorting to an appellate court to make the errors complained of clearly to appear, if they in truth exist.</p> <p>2, The matter of extending the time for the taking of testimony in an equity suit is for the court below to decide, resting within the sound judicial discretion of such court, and the determination of this question will not be disturbed by an appellate court, unless an abuse of such discretion is plainly made to appear.</p> <p>3. In preparing assignments of error, each error relied upon should be clearly and distinctly specified and separately assigned.</p> <p>4. A single assignment of error attacking a plurality of rulings of the trial court, whether upon the pleadings, the admission or rejection of evidence, or the granting or refusing of instructions to the jury, will be unavailing, unless all of such rulings so grouped en masse are erroneous, and the determination by an appellate court -that one of the rulings so attacked is correct disposes of the assignment.</p> <p>5. Where an assignment of error is “that the said judge of the said court severally erred in overruling the several exceptions of the defendants to the several findings and conclusions of the special master’s report in said case, to-wit,” and then follows a copy of the several exceptions taken by the defendants to such report, the determination by an appellate court that one of such exceptions so attacked was correctly overruled is sufficient to dispose of such assignment.</p> <p>6. An assignment of error that “the master erred in the report which he made to the court” cannot be considered by an appellate court, as the appellate court reviews the action of the trial judge on such report and not the report itself.</p> <p>7. Interest may be allowed in a suit in equity upon the amount of money found to be due from the defendant to the complai