Russell v. Marks

Citations

• 32 Fla. 456

Syllabus

<p>Appellate PRactice — Verdict in ejectment.</p> <p>1. On writ of error, where there is no bill of exceptions showing the testimony upon which instructions, given or refused, were ' predicated, the appellate court can not consider assignments of error based upon the giving or refusal of such instructions, except where a charge, given and excepted to, is patently irrelevant to the issues in the case and is calculated to mislead the jury.</p> <p>2. In ejectment it is not necessary that the verdict should expressly declarethe “defendant to be guilty;” but in such cases the verdict, if for the plaintiff, is sufficient when it finds in express terms that the plaintiff is entitled to the possession of the land in dispute, and describes the land by its numbers, or by its metes and bounds, or by any other sufficiently certain ■description by which it is known and can be identified; and finds the quantity of the plaintiffs estate therein.</p>