fourth assignment error (Florida) · Go Syfert
← Florida issues

fourth assignment error in Florida

5 Florida opinions name it 1 courts 1892–1939 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Roberts v. Stategreen
fla · 1925 · cited in 1 Florida opinions naming this issue, 1937–1937
2 sentences

1937See Roberts v. State, 90 Fla. 779 , 107 Sou. 242 , wherein we said: “The fourth assignment of error rests upon the action of the Court in sustaining the State’s objection to a question propounded to the defendant, who testified as a witness in his own behalf, after he had answered the question.in the affirmative and the answer was not stricken and the jury were not instructed to disregard it.

1937See Roberts v. State, 90 Fla. 779 , 107 Sou. 242 , wherein we said: “The fourth assignment of error rests upon the action of the Court in sustaining the State’s objection to a question propounded to the defendant, who testified as a witness in his own behalf, after he had answered the question.in the affirmative and the answer was not stricken and the jury were not instructed to disregard it.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Irvin v. State green
fla · 1883
2 sentences

1939These decisions were made while the statute of 1848, Chapter 138, was in force; but since the enactment of the statute of 1877, supra, (Chapter 2096) this Court has announced the same rule. *623 “In Irvin v. State, 19 Fla. 872 , the fourth assignment of error was, that the court erred in not instructing the jury as to what constituted murder in both the first and second degrees.

1892State, 19 Fla., 872 , the fourth assignment of error was, that the court erred in not instructing- the jury as to what constituted murder in both the first and second degrees.

21892–1939
Lane v. State green
fla · 1902
1 sentence

1935See: Lane v. State, 44 Fla. 105 , 32 So. 896 .

11935–1935
Gunby v. Drew green
fla · 1903
1 sentence

1919We have seen that the second assignment of error and the fourth assignment of error, bring in question the right to an alloAvance, in the decree, of an “attorney’s fee.” The bill claimed a reasonable sum for attorney’s fee, but we are unable to find in the record any evidence as to what would be a “reasonable attorney’s fee.” Upon the authority of Gunby v. Drew, 45 Fla. 350 , 34 South.

11919–1919

Where else courts name it

OH 586 (1943–2026) TX 29 (1888–2015) OK 29 (1905–1988) TN 24 (1927–1976) OR 23 (1933–2025) PA 19 (1896–1992) VA 19 (1901–2026) LA 18 (1928–2021) NE 16 (1886–2014) NC 8 (1895–2009) WA 7 (1962–2019) AL 7 (1853–1956) IN 7 (1873–1940) WV 6 (1893–2020) FL 5 (1892–1939) MA 5 (1928–1963) MS 4 (1955–1997) ID 3 (1910–1957) AZ 3 (1925–1966) CA 3 (1880–1960) MO 2 (1914–1966) WI 2 (1899–1973) IL 2 (1911–1949) KS 2 (1882–1897) PR 2 (1928–1956)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check