Romano v. Palazzo

Citations

• 83 Fla. 243
• 91 So. 115

Syllabus

<p>1. The matter of excluding witnesses from the court room during the trial of a cause is one within the discretion of the trial court, and where the rule has been applied the matter of permitting a witness to testify notwithstanding the fact that he has not complied with it is also matter within the court’s discretion and will not be interfered with unless it has been made to appear that such discretion has been abused to the injury of the complaining party.</p> <p>2. The method of conducting trials, the introduction of evidence and the order in which witnesses may b.e called are matters which are left to the reasonable discretion of the trial court and every presumption is in favor of the correctness of the court’s ruling in the premises.</p> <p>3. Where the court has placed the witnesses under the rule and a witness is called who has not conformed to it, the party calling such witness should make proffer to the court of the evidence sought to be introduced through such witness, if he fails to do so the record will not disclose any injury to the party calling such witness if the court refuses to allow him to testify.</p> <p>4. In an action of assumpsit where the defendant pleaded a set off consisting of money .paid: by the defendant to a third person at the plaintiff’s request and the evidence offered in support of the plea tends to show that an agreement existed between the plaintiff and defendant under which the plaintiff was to purchase supplies from a third person and the same should be charged to the defendant, the defendant in support of his plea should know that the money paid by him was for a valid existing charge made against him by the third person under the agreement.</p> <p>5. Charges announcing a correct proposition of law applicable to the evidence are correctly given.</p> <p>6. Evidence examined and found sufficient to support the verdict.</p>