Jordan v. John Ryan Co.

Citations

• 35 Fla. 259

Syllabus

<p>1. A demurrer was sustained toa plea and the plea stricken out; further pleas being filed, the declaration, by leave of the court, was amended as to the cause of action in essential particulars, and defendant granted leave to plead thereto by the rule day following; a demurrer to the declaration was filed within the time allowed, but no further pleas werefiled: Held, That the ruling on the demurrer to the original plea was immaterial, as plaintiff’s right of recovery in the action depended upon the amended declaration, to which the plea demurred to was not applicable.</p> <p>.3. Under the statute a party has the right, in case an amended pleading has been pleaded to before amendment, and not pleaded to de novo within two days after amendment, or within such time as the court shall allow, to have the original pleading stand and be considered as pleaded to the amended pleading, provided such pleading be responsive and applicable to the amended pleading.</p> <p>S. When the pleading filed before amendment and sought to be applied to the pleading as amended is not responsive thereto, it may be treated as a nullity, and without moving to strike it out judgment may be entered as if it had not been filed.</p> <p>4. A declaration alleging that the note and open account sued on were transferred, assigned and delivered to the plaintiff, is sufficient to authorize the suit in the name of the transferee and assignee.</p> <p>5. Where judgment overruling a demurrer to a declaration is re spondeat ouster, with leave to defendant to plead within a fixed time, a default may be entered upon a failure to plead within the time granted.</p> <p>6. The presumption is that judgments rendered in term by a court of general jurisdiction are regular and proper, in the absence of any sufficient showing to the contrary.</p>