Haile v. Venable

Citations

• 53 Fla. 788

Syllabus

<p>1. Even though there be error in modifying an injunction before complainant has opportunity to present his proof, yet if such modification be properly continued in force after full opportunity for proof, the error can not avail on appeal.</p> <p>2 The discretion of the trial court in permitting an amended answer to be filed and in allowing such answer to be signed and sworn to after it has been filed, will not be reviewed in the absence of a showing of an abuse of such discretion.</p> <p>3. Where it appears from the record in an equity cause that more than three months after replication was filed the, defendants set the cause down for hearing, and the decree recites that the defendants had “set the said cause down for a bearing upon bill, answer and replication,” and tbe decree is not erroneous, it will not be reversed because tbe notice given by tbe defendant of tbe bearing stated that tbe bearing would be on bill and answer.</p> <p>4. A certificate of tbe clerk that a cause was not set down for bearing is not evidence to contradict tbe certified transcript of tbe record wbicb shows that tbe cause was so set down.</p>