Stewart v. Mills

Citations

• 18 Fla. 57

Syllabus

<p>1. In an action for tlie taking and detention of personal property the plea of not guilty puts in issue the taking and detention, and not the right of property and possession of the plaintiff. (O. C. Rule 75.)</p> <p>2. Error cannot be assigned that the Judge gave or neglected to give instructions to the jury as prayed for by counsel, with his ruling thereon, or to sign and seal the same, unless his neglect or refusal was duly excepted to and so appears of record.</p> <p>3. It is not error for the Judge to refuse to read to the jury the instructions prayed for, which he declines to give to the jury as his charge or instruction. It is only necessary that he give in writing his refusal to.givé the instruction as prayed.</p>