Watkins v. Sims

Citations

• 81 Fla. 730
• 88 So. 764

Syllabus

<p>1. Error cannot be predicated upon the exclusion of a question if the testimony sought to be deduced is subsequently brought out.</p> <p>2. Evidence that has a tendency to prove an agency, is admissible, even though it be not full and satisfactory, and it is the province of the jury to pass upon it.</p> <p>3. Payment of a debt is not necessarily a payment of money; but that is payment which the parties contract shall he accepted as payment.</p> <p>4. An amended pleading which is complete in itself and does not refer to or adopt a former pleading as a part of it, supersedes the former pleading which ceases to be a part of the record.</p> <p>5. An. amended pleading takes the place of a former pleading, and stops all further use thereof, as a pleading.</p> <p>6. The prima facie effect of the amendment of a pleading is an acknowledgment hy the pleader that he has been mistaken, and not that a party or pleader has knowingly made a false statement in the pleading- amended.</p> <p>7. Papers not a part of the record in- a cause should not be exhibited to the jury and commented upon hy counsel in his argument before the jury.</p> <p>8. Counsel has no right to introduce arguments that are not supported hy the evidence produced on the trial.</p> <p>9. It is not proper to attack the credibility of a party to a suit, who testifies on his ow.n behalf, unless such comment is based on facts appearing in the evidence, or unless it can he deduced from the witness’ appearance and conduct while giving his testimony.</p>