McLendon v. Lurton-Hardaker Co.

Citations

• 83 Fla. 263
• 91 So. 113

Syllabus

<p>1. A plea of privilege to the venue is a plea in abatement.</p> <p>2. In a trial on a plea in abatement where the finding is for the plaintiff, the judgment should be quod, recuperet that the plaintiff recover.</p> <p>3. Where the defendant succeeds on a plea in abatement, the judgment should quash the writ or declaration.</p> <p>4. Under Section 2905, Revised General Statutes of 1920, a writ of error may be taken to an order granting a new trial on a plea in abatement to the venue.</p> <p>5. Where a person residing in one county orders goods subject to acceptance of the order in another county and such order is there accepted, the place of acceptance and not the place of the order, is the place of the contract.</p> <p>6. The trial court will not be held in error for granting a new trial to a plaintiff upon an issue found for the defendant, on a plea in abatement to the venue, where there is evidence tending to show that the cause of action accrued in the county where the action was brought.</p>