North American Accident Insurance v. Moreland

Citations

• 60 Fla. 153

Syllabus

<p>1. A judgment by default properly entered against parties sui jtiris, operates as an admission by the defendants of the truth of the definite and certain allegations and the fair inferences and conclusions of fact to be drawn from the allegations of the declaration. Conclusions of law, and facts not well pleaded and forced inferences are not admitted by a default judgment.</p> <p>2. A judgment by default entitles the plaintiff to the relief for which a proper predicate has been laid in the declaration.</p> <p>3. After judgment all reasonable intendments should be indulged to support the pleadings.</p> <p>4. In an action on an indemnity contract, after judgment a declaration is not fatally defective when the character of the injury is clearly shown and it is in effect expressly alleged that the injury was received under conditions that render the defendant liable, if it appears from the declaration that the injury could reasonably have been received under any one £>f the circumstances stated as a condition to liability in the contract of indemnity.</p> <p>5. While the contract made a part of the declaration as the basis of the cause of action cannot be used to supply an omitted allegation essential in stating the right of action, and if the allegations and the contract made a part of the declaration are so repugnant or inconsistent as to neutralize each other, no cause of action would appear or the variance may be fatal, yet if the contract is not repugnant to or inconsistent with the allegations, it may be referred to in support of and may amplify or elucidate proper and sufficient allegations.</p> <p>6. Where the sufficiency of a declaration is not tested by demurrer or otherwise, and the defendant suffers judgment by default to be entered, after final judgment, on writ of error all just intendments should be indulged to sustain the pleadings, when no essential allegations in stating a cause of action is omitted.</p> <p>7. AVliere the declaration affords a legal