Walker Fertilizer Co. v. Cole, (1940)
Court: Supreme Court of Florida
Number:
Visitors: 8
Judges: THOMAS, J.
Attorneys: J. Henson Markham, Osborne, Copp Markham, and Maguire, Voorhis Wells, for Plaintiff in Error;
E.W. R.C. Davis and Evans, Mershon Sawyer, for Defendants in Error.
Filed: Apr. 26, 1940
Latest Update: Mar. 02, 2020
Summary: The plaintiff in error, as plaintiff in the circuit court, recovered by a verdict against the defendants for the wrongful death of Willie Walker at the conclusion of a trial of issues formed by the second count of the declaration and defendants' three pleas. Substance of the initial pleading was that Walker, while employed by the fertilizer company, received injuries because of the careless operation of an automobile, owned by Mary E. Cole and driven by her husband, which struck the rear end of
Summary: The plaintiff in error, as plaintiff in the circuit court, recovered by a verdict against the defendants for the wrongful death of Willie Walker at the conclusion of a trial of issues formed by the second count of the declaration and defendants' three pleas. Substance of the initial pleading was that Walker, while employed by the fertilizer company, received injuries because of the careless operation of an automobile, owned by Mary E. Cole and driven by her husband, which struck the rear end of t..
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The statute requiring motions for new trials to be made within four days after verdict rendered, is intended to secure prompt and orderly presentation of matters for appellate review in due course; but such statutory regulation as to time is not intended to prevent the court from exercising, in proper extraordinary cases like this vitally affecting the authority of the court, the inherent judicial power to maintain the integrity of judicial action by intrinsic fraud or by imposition upon the court. See Section 4, Declaration of Rights, Florida Constitution.
Source: CourtListener
