Gulf Lumber Co. v. Walsh

Citations

• 49 Fla. 175

Syllabus

<p>1. Where a demurrer is interposed to a declaration as a whole and there are proper common counts the demurrer should be overruled even if a spcial count in the declaration is defective.</p> <p>2. Where upon agreement of counsel an order is made by the Circuit Court referring a cause to a practicing attorney ■ for trial as referee and the parties appear before such referee and take testimony in a county other than the one in which the cause is pending, one of such parties can not afterwards be heard to complain that the reference was not made with his consent, or that the referee was without authority .to hear and determine the cause in the county where the testimony was taken.</p>