Ball v. Yates, (1940)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: PER CURIAM.
Attorneys: George M. Powell, Henry P. Adair, John M. McNatt, William H. Rogers and Fred H. Kent, for Plaintiff in Error;
Robert H. Anderson, Harry T. Gray and Charles E. Davis, for Defendant in Error.
Filed: May 03, 1940
Latest Update: Mar. 02, 2020
Summary: This case was before us in Yates v. Ball, 137 Fla. 530 , 188 So. 586 . It appears now on an appeal from a judgment in favor of the plaintiff below. When it was presented before, the trial judge had instructed a verdict for the defendant at the close of the plaintiff's testimony and on that appeal we held that the jury should have been permitted to pass upon the issues after introduction of the defendant's testimony. Following that decision the circuit court conducted an *Page 538 extensive trial
Summary: This case was before us in Yates v. Ball, 137 Fla. 530 , 188 So. 586 . It appears now on an appeal from a judgment in favor of the plaintiff below. When it was presented before, the trial judge had instructed a verdict for the defendant at the close of the plaintiff's testimony and on that appeal we held that the jury should have been permitted to pass upon the issues after introduction of the defendant's testimony. Following that decision the circuit court conducted an *Page 538 extensive trial ..
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I concur in the per curiam opinion excepting that part referring to an amendment of the declaration.
Source: CourtListener
