Bishop v. Camp

Citations

• 39 Fla. 517

Syllabus

<p>1. A plea seeking to make available the privilege accorded to a defendant by our statutes, of being sued in a county other than that in which the action is brought, is a plea in abatement, and not a plea to the jurisdiction of the court.</p> <p>2. Where issue has been joined upon a plea in abatement (there being no other pleas in the case), and the issue submitted to a jury, resulting in verdict for plaintiff, the court should award judgment peremptory, quod recuperet, and not a default for want of a plea.</p> <p>3. Where a plea in abatement presents defendant’s only defense, upon a trial of the issue joined thereon the jury should, if they find for the plaintiff, assess the damages, in order that the court may enter final judgment. Where, however, the jury fails to assess the damages, the court may proceed in any other legal manner to ascertain the amount of plaintiff’s recovery; but it can not enter judgment by default for want of a plea, with instructions to the clerk to assess the damages where the demand sued upon is unliquidated.</p>