Holzendorf v. Terrell

Citations

• 52 Fla. 525

Syllabus

<p>1. An answer is not “impertinent” which is relevant or which can influence the decision of the suit, either as to the subject-matter of the controversy, the particular relief to be given, or as to costs.</p> <p>2. An exception to an answer should be overruled if it be too broad or if the sustaining of it would falsify or mutilate the remainder of the answer.</p> <p>3. To justify an exception for impertinence it must clearly appear that the matter excepted to is wholly irrelevant.</p> <p>4. Where a bill alleges unnecessary facts tending to reflect upon defendant’s integrity, an answer responsive to such allegations is not impertinent.</p>