Keen v. Polk

Citations

• 72 Fla. 106

Syllabus

<p>Equity 'Practice—’Plow Absence of Circuit Judge Should be Shown Before Another Judge Should Act in His Stead— Setting Chancery Cause Down for Hearing on Bill, Plea and Answer Before the Cause Is at Issue.</p> <p>1. Before the judge of one circuit should act in a cause pending in another circuit because of the absence of the judge of such other circuit, the fact of such absence should be made to appear at least by the sworn affidavit of some person who knows of such absence, and not simply by the bare unverified certificate of counsel in the cause.</p> <p>2. Where a chancery cause is not at issue because no replication to the answer has been filed, and the time for taking testimony has not begun to run; under the chancery rule in such a case the defendant has no right to set the cause down for hearing on bill and answer.</p>