Cosmopolitan Fire Insurance v. Boatwright

Citations

• 59 Fla. 232

Syllabus

<p>1. The statute law authorizing Clerks to enter defaults are strictly construed.</p> <p>2. An order was made on 23rd February, 1909 sustaining a demurrer to pleas and defendant allowed until 10th March, 1909 to amend the pleas. The defendant did not amend its pleas as allowed and the Clerk entered a default on the said 10th March for the defendant’s failure so to do. On the 22nd March, 1909, at a regular term, without a judgment determining the plaintiff’s right to recover, the case was submitted to a jury to assess the plaintiff’s damages, and a judgment entered for the plaintiff on the verdict: Held, that this practice was not warranted by the statute law, or rules of practice in Common Law actions.</p> <p>3. The proper form of judgment in a case where the facts were, as stated on the foregoing headnote, is given in the opinion.</p>