McClinton v. Chapin

Citations

• 54 Fla. 510

Syllabus

<p>1. It is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or states such facts therein as show that he is not entitled to relief in a court of equity, he must suffer the consequences of his so doing.</p> <p>2. A bill in equity must state facts and not opinions or legal conclusions, and where fraud is relied upon the allegations ■ or charges must be specific. In passing upon a demurrer to a bill every presumption is against the bill.</p> <p>3. While a demurrer to the whole bill operates as an admission that all the allegations in the bill which are well pleaded are true, it is only :such allegations so pleaded that are admitted by the demurrer. An allegation of fraud in general terms, without stating the facts constituting it, is insufficient, and a demurrer to the bill is not a conféssion of the fraud.</p>