History
  • No items yet
midpage
Knights of Pythias v. Morgan
77 Fla. 95
| Fla. | 1919
|
Check Treatment
Per Curiam.

— The action herein was brought by Samuel Morgan by D. L. Thrasher, his guardian and next friend. Verdict was rendered “for the plaintiff on the issues joined.” The following judgment was entered on the verdict:

“Wherefore, it is ordered and considered by the Court that the plaintiff, Sam Morgan, do have and recover of and from the defendant, Knights of Pythias of N. A., S. A., E., A., A., and A., a corporation, his said damages in the sum of $456.89.” .

*96On writ of error no material or harmful errors or procedure appear, except that the judgment does not conform to the pleadings in that the action is in the name of Samuel Morgan by his guardian and next friend, while the judgment is in favor of Sam Morgan. For this erroneous entry of a judgment a new trial will not be granted, but the judgment is reversed and the cause re manded for a proper judgment to be entered herein. See Hunter v. State, 64 Fla. 315, 60 South. Rep. 786; Taylor v. State, 67 Fla. 127, 64 South. Rep. 454; Webster v. State, 47 Fla. 108, 36 South. Rep. 584.

Reversed for a proper judgment.

All concur.

Case Details

Case Name: Knights of Pythias v. Morgan
Court Name: Supreme Court of Florida
Date Published: Jan 23, 1919
Citation: 77 Fla. 95
Court Abbreviation: Fla.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.