City of West Palm Beach v. Ryder

Citations

• 73 Fla. 558
• 74 So. 603

Syllabus

<p>1. In passing upon an assignment based upon the overruling of a demurrer to a bill iii equity, an appellate court will consider Only such grounds of the demurrer as are argued before it, treating the other grounds as having been abandoned.</p> <p>2. In passing upon a demurrer to tfoe whole bill in a suit in equity, every presumption is against the bill, but it is also true that such a demurrer.operates as an admission, that all the allegations in the bill which are well pleaded are true, and a demurrer to the whole bill should be overruled .if the bill makes any case for equitable relief.</p> <p>3. Matters dehors the bill cannot be raised by way of demurrer but must be raised by way of plea or answer.</p> <p>4. A demurrer to the whole bill should be overruled, if the bill makes any case for equitable relief.</p> <p>5. Though the allegations of a bill of complaint be abstract and general, and largely in the nature of asserted conclusions, yet if under the allegations a case entitling the complainant to relief as prayed can be made by appropriate and sufficient evidence, a general demurrer to the bill of complaint should be overruled.</p> <p>6. Every presumption is in favor of the correctness of an order or decree rendered by a Circuit Judge, and the burden rests upon one appealing from such order or decree to overcome this presumption of law.</p>