Mugge v. Jackson

Citations

• 50 Fla. 235

Syllabus

<p>1. When a cause is pending in this court and is submitted on the briefs of the parties which have been filed, and oral argument is asked for, the fact that one of the parties dies after such submission on briefs, does not, under a proper construction of Rule 17 of the Supreme 'Court Practice (1895), render a revival of the cause necessary, in order that this court may have authority to render its decision therein.</p> <p>2. When a sheriff who has levied on and taken possession of personal property under the authority of attachments issued in creditors’ suits attacking a sale, and a transfer of said property, on the ground of fraud, and an action of re plevin is brought against the sheriff by the vendee and transferee of said property for the recovery thereof, and pending said replevin suit the sheriff dies, his successor in office is the proper party to continue said litigation, and may be substituted as defendant in said suit.</p> <p>3. An objection to the introduction of evidence in a trial court should point out specifically some fact or principle which makes the evidence objectionable; otherwise, unless the evidence is wholly bad, and not competent for any purpose, this court will not consider such objection.</p> <p>4. An agreement between the attorneys of the respective parties, stating the facts of a case, filed on the trial, which by its terms is not limited to¡ a particular occasion, or a temporary object, may be used on a second trial.</p> <p>5. Where the defendant in a case on trial demurs to the evidence, and the plaintiff joins in such demurrer, and before argument thereof the plaintiff moves to be allowed to withdraw his joinder in demurrer because the demurrer does not correctly state the evidence on behalf of the plaintiff, and the plaintiff’s attorney does not point out to the trial judge, in any way whatsoever, any defects in the statement of the evidence, the denial of such motion is not of itself reversible error.</p> <p>6. It is not the provin