The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-12-08

tconiiausd from FaEs Fivsl
attorneys far iho opposite party. be-
tare tho argument of the cause be-
sims. unless me ludse FOR Food cause
shown shall permit them to Re sub
mItted thereafter Tho attorney for
tHe opposite harty shall write on each
instruction submitted that ho accepts
uI objects to it and. Dc thc judge re-
QuIrea, any objection shall be argued
~ the attorneys Cor ths parties No
party shall be allowed to object upon
motion for 81 new trial or upon APP
peal 90 any written instruction re-
gucated by the opposite party, unless
such Instruction shall have been OBJ
jnetcd o. IS him AZ thc trial
Sec. no. in any care tried before
a jury ln "a circuit court coz court of
record, Csc judao may Instruct the
jury heremptorIlr CD 1nd ans fact or
ifHue in a waY directed io him. when 1
ever under fhe evidence the jury could
not lawfully find such mrt o. issue
contrary to the way s8 drested
See. 1o The fudEe OF any circuit
court or af q court 90 roc1rd. MAY at
the request 20 either party durus tho
trial of law ease. require thc jury
to nna special verdict or special
ferdIcta. urun any 0r aH 81 che issues
Ga tho Husc. The supreme court shall
Uv ruiH prescribe the effect 90 and
regulate the procedure On respect %
such Nerdiefs
sec. si lf upon motion Cor new
trial. the Judge shall determine hat
the iu1 erred as to Co.. nadinE 90 any
irsue re- issues and that auCh error
requires ere granting q q new trial
Az
the new frlaL specify the error ur
errors upon which the order BE- based.
and mas order a ueN trial only 81 Orb
such issue ~ issues The supreme
court SHAH hy rule prescribe ire pro-
cedufo with respect to fhc rrantinH 81
new trials an herein provided. 90 re-
TRIAL 20 exception ta orders Eraniing
the came. and OBJ appeals therefrum
AZ e NsN Trials
See gG Whenever nrw trial is
ordered either hT faf Trial court or
br tho supreme court hceause th1
damages awarded fhe p'alnu0 cor da.
PENDANT. in ease of a set-oal. are ex.
gcsHife or inadequate ard f1r ua either
reason. me order ErantinH "a new trial
may restrict the Trial Co che question
uf damaEea and thE ueN ifIal she'll
then De- had oniy in respect - dam
usss
Sec e1 whenever q party shall
apnW for "A continuance uf yausf
the persons Who shall make tho az
rdafIf upon whirh the application tor
continuance is based end any person
makng an affidavit Oh support or
such application o.. continuance may
he examined by tbe opposing party
or Die counsel ard the court concern
mE TIRE allrEaflons contained Oh any
affidavit ~ application for c1nunu-
huce NJ the court shah hold chat the
party applylnv for continuance a en-
titled thereto. and tire application Tor
continuance a based upon the abb
Eeuce ~ material witness. TIE op-
roHing party may die an admission
mat the witness N present. would
testify as anekea I'm the application
far continuance which admission may
o. presented and admitted Orb evidence
81 though enc witness were nreaent
era teFHWInr hut such opposing
rarity shah noe he required ta admit
the truth Of such Testimony. but NAV
gnntrntert thn same. and upon sach
admission being filed ihc narw az
FfihE Tor a rnntInuanra shah not De-
entitled thereto on account az the alb
shen rf the witness. aud a new trial
shan nof be- Erautea upon me rraund
G.. me absence CO said witness
sec ~ When GOO plaintiff In an
attf"n W hN. shan discontinue aueh
action and shah thereafter brlux suit
upon 70 same #ausr of aetl1n and
shaII Second time discontinue the
aet'h ~ shan De- barred from there
amer .finH.nH - maintaining ans oth-
81 acton uppn enc same cause 81 ae-
ton
sec - Whenever plaintiff. in an
action ti ltH. shan take "a ndn-ault
or ab.. h'n-suitnd and shall
thrreaiier BRING smother suIt upon the
same cause ot actlen ana shaH again
take @ non-salt or be aan suited. ~
shall he barred ifom thereafter bring