Hyer v. Vaughn

Citations

• 18 Fla. 647

Syllabus

<p>1. ’ An amendment to a declaration,’ after plea filed, by interlining iñ tlie original the partnership name of the defendants, as the name wfis , ’Stated-in the plea, no objection having been made to .such mode of , .amendment, is not an irregularity of which the court will take notice.</p> <p>2. .A motion in arrest of judgment, where the verdict and judgment are in favor of the plaintiff, will not be granted if. the declaration on its face shows a valid' cause of action and is not demurrable.</p> <p>8 a Where a cause has been tried upon several issues, but some of them :• are immaterial and a verdict is rendered for plaintiff upon the , . whole case upon the merits, a judgment non obstante veredicto cannot be given for the defendant upon the ground that some of the immaterial issues should have been found in favor of the defend- ’ ant. If the verdict had been in favor óf the defendant upon such : .• immaterial issues, still the plaintiff would have been entitled to judgment non obstante.</p> <p>4. It was not error in such case to refuse a motion by the defendant, that a repleader be ordered where the pleadings on the part of the defendant raise immaterial issues and it is apparent from the whole case that no manner of pleading the matters embraced in the pleas would have made them available. A repleador is only ordered upon the form and manner of pleading, where the matter is substantial.</p>