59 Fla. 227 | Fla. | 1910
Writ of error was taken to an order granting a new trial, and under the Statute the court “shall review the said order, and if the cause be reversed, shall direct final judgment to be entered in the court below, for the party who had obtained the verdict in the court below, unless a motion in arrest of judgment, or for judgment non obstante veredicto, shall be made and prevail.” Sec. 1695 Gen. Stats, of 1906.
The motion for new trial appears in the bill of excep-' tions with a statement that the motion was granted and an exception noted. An order granting the new trial signed by the trial judge is in the record proper.
On a writ of error to an order granting a new trial in
The action was ejectment under the statute. One of the pleas offered as a defense on equitable grounds averred that “these defendants executed and delivered to the plaintiff two deeds embracing and describing the lands described and referred to in plaintiff’s declaration, which said deeds were made and executed to the said plaintiff to secure the payment of a debt then and there due from the defendant C. E. Connor to the said plaintiff and that the plaintiff’s only interest in said lands is as security for the said debt so due from the plaintiff. C. E. Connor to the plaintiff, and this the defendants are ready to verify.” The court refused to strike this plea and allowed the plaintiff to file the following replication thereto: “That it is not true that he acceped the deeds and conveyances recited in said plea as security for the payment of a debt then and there due and owing by the defendant C. E. Connor to the plaintiff, but he accepted and received said deeds as absolute conveyances of the fee simple title to the property described therein, and as a full and final settlement of all differences between the plaintiff and the defendant C. E. Connor; and thereafter the plaintiff leased the said property to the de
As no action was taken on the issue tendered by the replication, a new trial should have been granted. See Owens v. Wilson, 58 Fla. 335, 50 South. Rep. 674; Jones v. Shomaker, 41 Fla. 232, 26 South. Rep. 191.
The main questions of law involved here are determined in the chancery case of Connor v. Connor, this day decided.
When a chancery case and a case at law involving the same legal questions between the same parties are pending in the same court and the legal questions will be determined in the chancery suit, good practice suggests the continuance of the law case until the chancery case is disposed of.
The order is affirmed.