Hays v. Weeks

Citations

• 57 Fla. 73

Syllabus

<p>1. If in fact or in law only one remedy exists, and a mistaken remedy is pursued the proper remedy is not thereby waived. More than one remedy must actually exist.</p> <p>2. When a demurrer to a plea is sustained and a subsequent plea stricken, there should be judgment final upon the demurrer and not a default judgment for want of a plea.</p>