Smoot v. Strauss

Citations

• 21 Fla. 611

Syllabus

<p>1. In a proceeding under the statute requiring an affidavit as an initiatory step, and dispensing with written pleadings, the affidavit stands in lieu of and performs the functions of a declaration.</p> <p>% A motion by plaintiff for a new trial will be refused, notwithstanding error in admitting illegal evidence in behalf of the defendant, or error by the court favoring defendant in charging the jury when plaintiff’s evidence fails entirely to sustain the allegation in the affidavit. Such errors are not an injury to the plaintiff.</p> <p>3. [On petition for re-hearing. ] The act of March 11, 1879, chap. 3131, does not change the common law in so far as making an express contract for a fixed rent indispensable to the right to distrain for rent due.</p>