Knott v. Ramsey

Citations

• 78 Fla. 633
• 83 So. 399

Syllabus

<p>In an action on a promissory noté, purported pleias that the defendants “traverse the allegations in the plaintiff’s declaration as to the amount and reasonableness of the amount of damages and attorney fees alleged, and claim the right to be present upon an enquiry of damages and attorney fees and contest the am'ount and reasonableness of the amounts,” are not such pleas as are contemplated by Rule 33 of the Circuit Court Rules in Daw Actions, which provides that' “where a rule day occurs in term, and such rule day is the day upon which, the defendant is held to file his plea or demurrer to the declaration, any issue of fact arising upon such plea shall n'ot be heard during that term, unless by consent of parties, and it was not error to submit the cause to a jury as on a default, counsel for the defehdants having due notice of the action taken, and could have been present if so desired.</p>