Reddick v. Joseph

Citations

• 35 Fla. 65

Syllabus

<p>1. Where there have been two consecutive trials of a case, and two verdicts for the defendant, and a third trial granted the plaintiff, and where the record does not disclose the testimony on the first trial, but does show that the evidence on the second trial was conflicting, the action of the trial judge, in granting the third trial, will not be disturbed on appeal, as being an abuse of a sound judicial discretion.</p> <p>2. An application to a Judge of the Circuit Court for a change of venue in a cause based on what purports to be an affidavit, but not sworn to. will not authorize a change of venue in the cause; •-md if the court does order a change of venue on such an application, it will be an abuse of a sound judicial discretion.</p>