Wilson v. Johnson

Citations

• 51 Fla. 370

Syllabus

<p>1. Objections interposed to the introduction in evidence of a written instrument which do not appear upon the face thereof but would have to be proved by extraneous evidence should be overruled.</p> <p>2. The trial court is authorized to regulate the order of the introduction of evidence, and its discretion in this matter will only be interfered with by an appellate court where clearly abused.</p> <p>3. A motion to strike out evidence that has been introduced in a cause must be predicated upon some feature of irrelevancy, incompetency, legal inadmissibility, or impertinency in the evidence itself. Where evidence has been introduced by a party, whether plaintiff or defendant, that in itself is pertinent, relevant, legal and proper so far as it goes, but which, in thb conception of the opposite party, falls short, for the want of proof of other necessary facts, the proper practice for such party is to ask for appropriate instructions from the court to the jury.</p> <p>4. If the plaintiff in an action of ejectment claims title by descent, it is sufficient for him, in the first instance, to prove his heirship, and that the-ancestor under whom he claims was the person last seized of the lands in controversy.</p> <p>5. After either or both parties have rested, the admission or exclusion of further evidence is in ike discretion of the judge; and this discretion extends to evidence offered during and after the argument and even after the cause has been submitted to the jury, but an exception may be taken, and if the ruling be an abuse of discretion relief may be had from an appellate court.</p> <p>6. An application for a postponement or a continuance is addressed to the sound judicial discretion of the trial court, and the ruling of the trial court either granting or denying such application will not be reversed by an appellate court unless an abuse of this discretion is clearly shown.</p> <p>7. Courts of Justice exist for the administration and furtherance of Justice an