Burks v. Langston, (1931)
Court: Supreme Court of Florida
Number:
Visitors: 12
Judges: BUFORD, C.J. —
Attorneys: Jones Jones, for Plaintiff in Error;
W. A. Pattishall and Dickenson Dickenson, for Defendant in Error.
Filed: Jun. 24, 1931
Latest Update: Mar. 02, 2020
Summary: In this case the plaintiff in error sued the defendant in error, the declaration containing one special count and five common counts. The special count of the declaration alleges in effect that the defendant received and retained certain money, the property of the plaintiff, for the specific purpose of paying certain taxes assessed against *Page 156 the property of the plaintiff which was being purchased by the defendant. There was evidence to show that the defendant had contracted to purchase t
Summary: In this case the plaintiff in error sued the defendant in error, the declaration containing one special count and five common counts. The special count of the declaration alleges in effect that the defendant received and retained certain money, the property of the plaintiff, for the specific purpose of paying certain taxes assessed against *Page 156 the property of the plaintiff which was being purchased by the defendant. There was evidence to show that the defendant had contracted to purchase th..
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The procedure was not proper on a demurrer to the evidence. Also, the plaintiff had a clear right to a non suit before the jury retired. I agree with the opinion as to the merits but cannot approve the apparently grossly irregular procedure. Ruling on non suit is error.
Source: CourtListener
