Morrill v. Burg

Citations

• 80 Fla. 606
• 86 So. 566

Syllabus

<p>1. An answer- in chancery not signed by defendants, whose answer it purports to be, may be stricken from the files on motion, or it may be ignored and a decree pro confesso entered against such defendants.</p> <p>2. The signing by defendants of their answer in chancery may be waived by complainants in like manner and to the same effect as the verification of such answer by oath of defendants, whose answer it purports to be, may be waived.</p> <p>3. Where complainants file replication to an answer in chancery defective in that it is not signed by defendants, whose answer it purports to be, they will be held to have waived the signing of such answer by defendants.</p> <p>4. -Where complainants, after the filing of an answer by defendants, in an application for the appointment of a special master to take 'testimony in said cause, represent to' the 'court that the cause 'is at issue upon bill and answer of defendants, and such application is granted- and a special master appointed, the court reciting in the order appointing- such master that the cause is at issue upon hill and answer of ' defendants, complainants will- not thereafter be permitted to disregard such answer because unsigned by defendants, and, without giving -notice to defendants, take decree pro confesso against them and proceed in said cause to final decree, but will be held to have waived the signing of the answer by defendants.</p> <p>5. Under the provisions of Chapter 6907, Acts of 1915, unless the answer of defendants “asserts a set-off or counter-claim no reply should be required without special order of the court or judge, but the cause shall be deemed at issue upon the filing of the answer, and any new or affirmative matter therein shall be deemed to be denied by the complainant.”</p> <p>6. When a cause is at issue upon bill and answer a decree pro confesso and subsequent proceedings ignoring the answer, taken without notice to defendants, are unauthorized.</p>