Gunning v. Heron

Citations

• 25 Fla. 846

Syllabus

<p>1. Where there is an issuable plea of new matter, though inartifloially drawn and the plaintiff, who is at the time in default in pleading, goes to trial in the absence of the defendant without joining issue on the plea, the judgment may be reversed on writ of error.</p> <p>2. Where juc gment may be reversed the cause may be remanded at the suggestion of the plaintiff in error, with leave to the defendant in error, who is plaintiff below, to enter a remittitur, and in default thereof the judgment to be set aside and new trial granted.</p>