Johnson v. Sumner

Citations

• 82 Fla. 377
• 90 So. 171

Syllabus

<p>1. Under the provisions of Chapter 7356, Acts of 1917, Section 3136, Revised General Statutes of Florida, where complainant in his bill of complaint shall waive answer under oath the answer though under oath is not evidence in defendant’s favor unless the cause be set down for hearing on.bill and answer only.</p> <p>2. Where a cause is set down for hearing on bill and answer only defendant who answers under oath is entitled to ■ the benefits of his answer as evidence notwithstanding a waiver of answer under oath in the bill of complaint.</p> <p>3. In cases where defendant is entitled to the benefits of his answer under oath the rule, is that where answer is made under oath the averments contained in it which are responsive to the hill and which set up facts to which other testimony could he received are to he taken as true unless contradicted by evidence of greater weight than the testimony of one witness.</p>