Volusia County Bank v. Bertola

Citations

• 44 Fla. 734

Syllabus

<p>1. Where questions to witnesses are excluded as not being i cross-examination, and there is no statement in the bi of exceptions, showing the scope of the direct examinatio: or where testimony is offered and excluded, and there no statement in the bill showihg its relevancy to the case or where a charge is given, or one is refused, and the bi shows no statement of facts upon which the charge we predicated where such statement is required, assignmen of error based thereon can not be considered by the a pellate court.</p> <p>2. A request to instruct the jury that they might take into co: sideration the interest of any witness in the result of tl case, and give his evidence such weight under all the ci cúmstances as'they should think it entitled to, may pro erly be refused in the absence of evidence making it a propriate to give such instruction.</p> <p>3. Where the vender of personal property retains possessic * of it after a sale, it devolves upon the vendee to sho that the possession of the vendor is either consiste) with the deed, is unavoidable, or temporary for the re sonable convenience of the vendee; and in the absence ( such showing the sale will be regarded, so far as thi: parties are concerned, as fraudulent in law.</p>