49 Fla. 264 | Fla. | 1905
The plaintiffs in error replevied certain merchandise from the defendant in error, who was sheriff of Jackson county. To the declaration a plea of not guiltj was filed, issue joined there on and at the Fall term, 1903, a trial was had and a verdict and judgment was rendered for the defendant. The plaintiffs in error seek to reverse this judgment.
Other instructions were requested based on the theory that the goods were exempted, but sufficient facts are not predicated for either of them, and there was no error in the refusal of the court to give them.
The plaintiffs below requested the court to give the following instruction to the jury: “Where the defendant relies on the allegation of fraud to maintain a levy on goods purchased of another, the burden of proof is on the party alleging such fraud to prove with the preponder
Several charges were given by the court, and several instructions requested by the plaintiffs below, with the view of applying the provisions of section 1991 Revised Statutes of 1892 (which is taken from 13 Eliz. Chap. 5. See Gassett v. Wilson & Brown, 3 Fla. 235, text 257) to the facts of the case. These are made the bases of several assignments of error here. Some objections might be taken to each of these, but without going into a minute examination of each of them we think that a charge in the following language would have been appropriate to the facts of this case, viz: If the jury believe from the evidence that the plaintiffs purchased the goods in contro
For the error found the judgment of the Circuit Court in said cause is hereby reversed at the cost of the defendant in error. '