Hammond v. Vetsburg

Citations

• 56 Fla. 369

Syllabus

<p>I. Since, ordinarily, the holder of shares in a corporation can not at pleasure, withdraw his contribution to the capital of the corporation he cannot set off stock which he may hold against a debt which he owes the corporation.</p> <p>2. There is clearly a difference between, the remedies afforded by a motion to strike out a pleading and a demurrer thereto, and they should not be indiscriminately employed.</p> <p>3. When a plea is not authorized by the rules of pleading, or is plainly frivolous and trifling, or when the subject matter of the plea, although accurately and technically set out according to the soundest rules of pleading, is entirely destitute of merit and fails to answer the declaration, it may be stricken out on motion.</p> <p>4. A merely defective plea, one that is only wanting in fullne'ss or explicitness or otherwise subject to attack by demurrer cannot be tested by a motion to strike from the files. The court will not decide the legal sufficiency of a plea on such a motion when a good defense is defectively stated.</p> <p>6. Where interrogatories were offered in evidence an objection to each question of each witness and the answer thereto is nothing more than a general objection to each deposition, and where each deposition contains some legal evidence, the objection is properly overruled.</p> <p>7. Where several rulings on the admission of testimony arc made the subject of one assignment and one of the rulings is correct, the assignment will be overruled.</p> <p>8. Objections to the rulings of a referee found to be without merit.</p> <p>9. Procedure before a referee examined and commended.</p>