Knight v. Empire Land Co.

Citations

• 55 Fla. 301

Syllabus

<p>The Word “Dip” in Naval Stores Parlance, Defined—Statutory Discovery—Similiter—Evidence—Relevancy of —Demurrer to Evidence—Trespass on Lands, Who Can Recover for.</p> <p>1. In Florida, where the production of spirits of turpentine and rosin, otherwise known as “naval stores,” constitutes one of the leading industries, the courts will take judicial notice of the fact that such naval stores are the manufactured products of the gum extracted from pine trees that constitute the chief timber growing upon large areas of said state, and the crude gum so extracted, in its unmanufactured state, is popularly known as, and called, “dip” from the fact of its being collected by being dipped up from receptacles, called “boxes,” cut into the growing pine trees near the ground.</p> <p>2. Interrogatories seeking discovery under the provisions of Section 1534 General Statutes of 1906, (Section 1116 Rev. Stats.) are properly excluded: (1) When no person or persons are named therein to whom they are to be propounded. (2) When they seek to elicit testimony wholly irrevelant' to any issue in the cause. (3) When they are merely of a fishing character and seek exclusively for the case or proofs of the opposing party. (4) When the party has postponed the proposing thereof until the actual trial of the cause has been commenced, and when the propounding thereof will necessitate apostponementofsuchtrial, except in an extraordinary case of necessity imperatively required by the demands of justice between the parties being made clearly to appear, after the party had clearly freed himself from any suspicion of laches in not proposing such interrogatories sooner.</p> <p>3. Where a defendant interposes the plea of the general issue, or other plea of like effect, that requires nothing more than the general similiter to complete a joinder of issue thereon, and goes into and through a full and final trial of the merits of the controversy embraced in the declaration and plea, without noticing the ab