Bacon v. Green

Citations

• 36 Fla. 325

Syllabus

<p>1. If any pleading to which reply has been made is subsequently amended, the repliant may stand on his former pleading, if applicable to the amendment, or he may avail himself of the right to plead anew to the amended pleading. By pleading de novo to the amendment within the period fixed by statute, or such other time as the court may allow, the party waives or abandons all former pleading to the pleadings amended, except what he subsequently pleads.</p> <p>:2. The plea of non-assumsit is not applicable, under Circuit Court Rule 64, to the common counts for money had and received, and for an account stated.</p> <p>.13. Although a plea applicable toa common count in a declaration be improperly overruled on demurrer, yet if the declaration be subsequently amended as to a special count, in no way affecting the common count, and the defendant in replying to the-amendment, file a plea in substance the same as the one overruled, and has the benefit of it on the trial, the overruling of the first plea is immaterial.</p> <p>4. In an action of assumpsit to recover back money paid under a contract alleged to have been violated by the parties thereto sued as defendants, and rescinded by the plaintiff, another party thereto, the form of action will not be affected in any way by the consideration, whether the contract be under seal or not as to all the parties executing it, as the suit is not on the contract, but in assumpsit to recover money received.</p> <p>5. The word “seal” written in a scroll opposite the name of an obligor on an instrument indicates an intention on his part to make it a specialty; and if several persons sign an instrument concluding with “witness our hands and seals,” and some place seals opposite their names, and others do not, such as do not affix seals will be presumed to have adopted the seals already on the instrument.</p> <p>O. Equitable pleas at law, in order to be good, must present some matter of defense which would be good ground for relief in