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Mizell Live Stock Co. v. Pollard

Mizell Live Stock Company, a Corporation, in Error v. Garrison A. Pollard, in Error

Mizell Live Stock Co. v. Pollard, 71 So. 31 (Fla. 1916)
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Court
Supreme Court of Florida · State Highest Courts
Decided
February 15, 1916
Citations
71 So. 3171 Fla. 192
Disposition
Order affirmed.
Syllabus
Where the trial court grants a new trial on a motion containing several grounds, without stating any ground on which the ruling was based, the order will be affirmed when authorized by any ground of the motion.
Summary
Writ of error to Circuit Court, Loon County; J. W. Malone, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

This is a writ of error directed to the granting of a new trial.

The motion for a new trial contained several grounds which questioned the sufficiency of the evidence to support the verdict and also claimed newly discovered evidence. The trial Judge simply granted the motion without specifying the ground upon which his order was based. We have examined the transcript of the record and are of the opinion that the order must be affirmed upon the authority of Ruff v. Georgia Southern & Florida Ry. Co., 67 Fla. 224 , 64 South. Rep. 782 , and Chancey v. Williams, 56 Fla. 215 , 47 South. Rep. 811 .

Order affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11935: 11938: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Kight v. American Eagle Fire Insurance179 So. 792 (Fla. 1938)
  2. Carney v. Stringfellow74 So. 866 (Fla. 1917)
  3. Beckwith v. Bailey161 So. 576 (Fla. 1935)

Most recent

  1. Kight v. American Eagle Fire Insurance179 So. 792 (Fla. 1938)
  2. Beckwith v. Bailey161 So. 576 (Fla. 1935)
  3. Carney v. Stringfellow74 So. 866 (Fla. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Ruff v. Ga., Southern & Fla. Ry. Co., 64 So. 782 (Fla. 1914) 60
Chancey v. Williams, 56 Fla. 215 (1908) 4

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