Younglove v. Knox

Citations

• 44 Fla. 743

Syllabus

<p>1. In replevin where the verdict for plaintiff finds as damages only interest upon the value of the property from the date it was taken by defendant, error, if any, in admitting evidence as to profits that might have been realized by plaintiff from the property while it was detained, is harmless, it affirmatively appearing that such evidence in no way affected the verdict.</p> <p>'2. Where the evidence in replevin shows that the property sued for with other property was taken into defendants possession at the same time and in táie same manner, and plaintiff claims it was taken forcibly and without his consent, and defendant claims that it was voluntarily delivered to him in payment of a debt, evidence that plaintiff recovered the other property in another suit wherein defendant permitted the judgment to be taken without a defense being made, is relevant and admissible.</p> <p>B. Error in permitting an improper question is harmless if the answer given in response thereto contains no incompetent testimony.</p> <p>4. Where the allegations of an answer and a cross bill, filed by the defendant in a common law action in another Suit in equity wherein such defendant and the plaintiff in the common law action were parties both to the original and the cross bill, conflict with the testimony of the defendant in the common law suit upon material matters, such answer and cross bill or the matters therein conflicting with such testimony are admissible as evidence in the common law suit.</p> <p>;5. Where assignments of error are predicted upon the giving or refusal of instructions requiring statements of the substance of the testimony upon which they were based in order to determine their propriety such statements must be set forth in the bill of exceptions and abstracts in connection with the instructions, or th® Supreme Court can not under its rules consider them.</p> <p>6. Where the abstracts of record do not purport to set forth all the instructions given by the court, and