McSwain v. Howell

Citations

• 29 Fla. 248

Syllabus

<p>1. Where no exceptions are taken in the trial court to the charge of the court, either in a motion for a new trial or otherwise, it is too late to raise such objections for the first time in the appellate court.</p> <p>2. When no objection is made to the introduction of testimony on the trial of a cause, the rule is that such testimony is considered as received by consent, and no objection can be urged on appeal that was not made in the trial court, except as to its sufficiency.</p> <p>3. A mere recital of a ground for a new trial, based upon matters in pais, in amotion, is no evidence that the matters so recited are true.</p> <p>4. A verdict of a jury will not be set aside as against the weight of the evidence, unless it appears to be so palpably against the evidence, or against a very strong preponderance of evidence, that great injustice seems to have been done, leading to the conclusion that the verdict was the result of prejudice, excitement, or other improper influences operating upon the minds of the jurors.</p>