John Miller & Bryan Croom v. Fredrick & Lewis Hoc

John Miller & Bryan Croom v. Fredrick & Lewis Hoc

Lower Court

  • Leon County


  • 1847


  • 473


  • 855


Fredrick Hoc & Lewis Hoc

Vs. John Miller Stephen Miller &

Bryan Croom

Supreme Court

State of Florida

January Term 1847

Defendants John Miller and Bryan Croom assign the following errors in the proceedings &c of the Court below as appears from the transcript of the record filed in this case-

1[st] The Court below erred in rendering judgment [?] against said defts as for want of a plea on the 15[th] Feby 1842 when, as the record shows , there were on file two pleas, one of non [?] and the other of nil debet - ( see record page 5 where said pleas were filed and page 6 where said judgt was rendered)

2[nd] The Court erred in permitting plaintiff to reply to the defs plea of non [?] and to demurrer to his plea of nil debet at the Fall Term of 1842 while the aforesaid judgt. which the Court had rendered against the defts at the same term remained in full force and un-reversed or set aside (See said replication on page 6 and said demurrer on page 8 of the record)

3 The Court erred in having the jury sworn where there was no issue for there to try- the deft not having rejoined to the plffs replication to his plea of non [?]

4 The Court erred in rendering final judgment against defts. while plffs demurrer to defts plea of nil debet remained open and [?] of.

5. The Court erred in rendering judgment upon the verdict of the jury- it appearing from the record that they were sworn to try but one issue, and it not appearing whether that issue was in this case or in the other submitted to them at the same time. ( see record page 11)