Hart v. Sanderson's Administrators

Citations

• 16 Fla. 264

Syllabus

<p>1. Where there is a plea and an answer in support thereof, the answer cannot be regarded as a defence independent of the plea. When such a plea is set. down for argument, the matter of the answer should be-considered in connection with the plea, and an order overruling the plea disposes of the plea and answer.</p> <p>3. Where in such case the court, iñ disposing of the pleai,, confines itself to the consideration of Hie formal plea, independent of the answer in support thereof, it is error.</p> <p>3. After the plea is overruled in such case, it. is error to set the cause down, for hearing upon the bill and the answer in support of the plea.</p>