Mexis v. Cooper

129 So. 575, 100 Fla. 160

Opinion

Buford, J.

— This was a suit on a bond executed by the plaintiff in a distress proceeding.

At the close of the testimony the court directed a verdict in favor of the defendants.' Upon this action of the court is based one -of the assignments of error.

There is substantial evidence disclosed by the record which, if believed by the jury, would have warranted the jury in returning a verdict for some amount in favor of the plaintiff and, therefore, the assignment of error based upon the action of the court in directing a verdict for the defendants is well taken.

The judgment should be reversed and the cause remanded for a new trial. It is so ordered.

Reversed and remanded.

Whitfield, P. J., and Strum, J., concur. Terrell, C. J., and Ellis and Brown, J. j;, concur in the opinion and judgment.