Withers v. Sandlin

Citations

• 36 Fla. 619

Syllabus

<p>1. An objection that evidence offered is “not proper testimony for the jury,” is too vague and indefinite, In order to review in an appellate court objections to the admissions of testimony overruled in the court below, the specific grounds of the objection should be stated.</p> <p>2. The defendant offered in evidence a receipt for a payment upon the claim sued upon, given nearly two months after the filing of the pleas upon which issue was taken. The Circuit Court excluded the receipt; Held, Not to be error, for the reason that there was no issue in the case to which the evidence was applicable. The pleas in the case, not stating whether the defenses plead arose before or after the action begun, according to our statute, must be deemed pleas of matters arising before action brought (sec. 45, p. 823, McClellan’s Digest; sec. 1066, Rev. Stat.), and under such pleas evidence of defenses arising after action brought are inadmissible.</p> <p>3. A payment to an assignor who has assigned all his right and demand in the claim with the knowledge of the defendant making the payment, and without authority of the assignee, does not affect any right of assignee. That such assignment was a collateral security, instead of being absolute, does not alter the case.</p> <p>4. The evidence offered in a case must be confined to the bill of particulars, and the plaintiff can not prove items not mentioned therein. If the plaintiff desires to offer proof as to other items than those included in the bill of particulars, he should be required to amend the same.</p> <p>5. The evidence m the case considered, from which it appears that the verdict was clearly excessive, and too loose and uncertain to support the verdict.</p> <p>'ii. By the terms of an assignment, one Carter assigned to the plaintiff the account sued upon, “with full power to collect the same by suit or otherwise, as fully as” he (Carter) himself “could or would have done.” In evidence it appeared that the plaintiff held the