Pollak v. Hutchinson

Citations

• 21 Fla. 128

Syllabus

<p>1. Where in an action on promises several pleas were interposed and demurred to and the demurrers sustained, and upon the trial verdict and judgment rendered against plaintiff, but there is no bill of exceptions showing the proofs or exceptions made at the trial; however erroneous the ruling upon the demurrers may have been, a new trial will not be granted, because it does not appear by the record that the plaintiff’s evidence entitled him to a verdict, nor that defendant introduced any evidence under his faulty pleas.</p> <p>2. However bad the defendant’s pleas may be, if it does not appear that he gave any evidence under them at the trial, a verdict against plaintiff will not be set aside on account of the presence in the record of the bad pleas even though they were sustained on demurrer.</p> <p>3. The ruling of the court suppressing a deposition cannot be examined on appeal unless the deposition is brought up by bill of exceptions so that this court can examine it.</p> <p>4. Where in a suit against two partners as joint debtors, a .final judgment is taken by plaintiff against one of them after default, and upon an issue joined by plea in bar by the other a verdict is had against plaintiff, the plaintiff cannot have a new trial as against the defendant who has pleaded, because in such case he can have but one judgment in one suit.</p>