Davis v. Horne

Citations

• 57 Fla. 396

Syllabus

<p>1. Matters set up in an answer to a bill in equity which arc not responsive to the bill, as matters by way of avoidance, must be proved bj' the defendants, and the burden 'is upon them to establish such matters bjr a preponderance of the testimony.</p> <p>■2. Upon an appeal, as well as upon a writ of error, every presumption is in favor of the correctness of the rulings of the court below, and in passing upon an assignment of error to the effect that the court erred in rendering the final decree for the reason that the evidence did not warrant the same, an appellate court will refuse to disturb such decree where there is evidence to ■support it, even though there are conflicts therein.</p>