McRainey v. Jarrell

Citations

• 59 Fla. 587

Syllabus

<p>X. When a defendant in a suit in equity avails himself of the right and privilege accorded him by Section 1871 of the General Statutes of 1906 of incorporating a demurrer to the entire bill in his answer thereto, whereby he attacks the equity of the bill, such demurrer is not overruled by the answer.</p> <p>2. When a defendant in a suit in equity incorporates in his answer to the bill a general demurrer, whereby he attacks the equity of the bill, it is only at the final hearing of the cause that such demurrer can be called up for disposition, though it should be called to the attention of the court at that time before the merits are gone into.</p>