Allen v. Powell, (1942)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: PER CURIAM:
Attorneys: Evan T. Evans, Samuel, Kassewitz and Clyde A. Allen, for plaintiff in error;
F.P. Fleming and Fleming, Hamilton, Diver, Jones Scott, for defendants in error.
Filed: Apr. 14, 1942
Latest Update: Mar. 02, 2020
Summary: This writ of error is to an order granting a new trial on the ground that the plaintiff concealed the name of a material witness in the cause by causing a witness subpoena to be issued to a fictitious person and then changing it to be directed to the real witness. Defendant in error contends that such procedure deceived the court, the jury, and defendant and was a fraud on them and prejudiced them in the preparation for and in the trial of the cause. When the motion for new trial came on to be h
Summary: This writ of error is to an order granting a new trial on the ground that the plaintiff concealed the name of a material witness in the cause by causing a witness subpoena to be issued to a fictitious person and then changing it to be directed to the real witness. Defendant in error contends that such procedure deceived the court, the jury, and defendant and was a fraud on them and prejudiced them in the preparation for and in the trial of the cause. When the motion for new trial came on to be he..
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I think the record entirely fails to show that the defendant was in any wise injured by the irregularity occurring in connection with the witness subpoena and that the granting of a new trial constituted an abuse of judicial discretion.
CHAPMAN, J., concurs.
Source: CourtListener
