Knight v. Dunn

Citations

• 47 Fla. 175

Syllabus

<p>1. A court, under R. S. 1043, may order amended a single plea which sets up partial payment and a set-off as to the balance in the form of common counts without a bill of particulars; blending the two independent pro .tanto pleas tends to confuse the issues and make the pleading duplicitous.</p> <p>2. Where the court on a motion to strike a plea and to enter default, declines to strike but simply orders the plea amended by a certain time, it is not proper for the clerk, without further order, to enter a default as for want of a plea, after the expiration of that time.</p>