Hoopes v. Crane

Citations

• 56 Fla. 395

Syllabus

<p>1. The practice of assigning an unnecessarily large number of errors is disapproved. That any one of the Circuit Judges in this State would commit sixty-one separate and distinct errors in the trial of a cause is rather a violent presumption, and, even if such should be the case, it would not be necessary to assign every one of such errors in order to secure a reversal of the judgment.</p> <p>2. The copy of the cause of action attached to a declaration, in compliance with Section 1449 of the General Statutes of 1906 and Rule 14 of Circuit Court Rules in Common Law Actions, forms no part of the declaration, unless expressly made a part thereof by apt words, and cannot be reached by demurrer where this has not been done. In neither case can grounds of a demurrer be directed solely against the cause of action.</p> <p>3. The trial court is not required to specify the particular grounds of the demurrer upon which the ruling thereon is founded. It is sufficient simply to sustain or overrule the demurrer.</p> <p>4. A correct ruling of the trial court will not be disturbed because of erroneous or wrong reasons which may have been given therefor, as it is with the ruling itself, and not with the reasons therefor, with which an appellate court is concerned.</p> <p>5. A declaration in an action at law should allege distinctly and clearly every fact that is essential to the plaintiff’s right of -action, and the cause of action attached to the declaration cannot be resorted to or used on demurrer to supply essential allegations of fact omitted from the declaration.</p> <p>6. Where the allegations of a declaration containing only one count are repugnant to and inconsistent with each other, such allegations neutralize each other, and the declaration will be held bad on' general demurrer, provided such repugnancy and inconsistency relate to matters of substance, and not of form only. This principle is also applicable to a declaration containing ■ more than one count when a gener