Mizell Live Stock Co. v. Pollard

• Decision Date: 15 February 1916
• Citation: 71 So. 31,71 Fla. 192
• Parties: MIZELL LIVE STOCK CO. v. POLLARD.
• Court: Florida Supreme Court

71 So. 31

71 Fla. 192

MIZELL LIVE STOCK CO. v. POLLARD.

Florida Supreme Court

February 15, 1916

Error to Circuit Court, Leon County; J. W. Malone, Judge.

Action between the Mizell Live Stock Company, a corporation, and Garrison A. Pollard. From an order granting new trial, the corporation brings error. Affirmed.

COUNSEL W. J. Oven, of Tallahassee, for plaintiff in error.

Fred. T. Myers, of Tallahassee, for defendant in error.

OPINION

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 So. 782, and Chancey v. Williams, 56 Fla. 215, 47 So. 811.

Order affirmed.