Peacock v. Feaster

Citations

• 51 Fla. 269

Syllabus

<p>1. A declaration in an action of trover alleging that the con- • version took place “on the ......day of March, 1904,” is not open to attack by demurrer by reason of the day of the month being left blank, and where the declaration in other respects follows the statutory form a demurrer thereto is properly overruled.</p> <p>2. In this State special demurrers'in common law actions have been abolished by statute.</p> <p>3. It is too late, after a plea to the merits, for the defendants to demand a bill of particulars.</p> <p>4. Our statutes permitting amendments of pleadings are very liberal, but the matter of allowing or refusing such amendments must rest largely within the sound judicial discretion of the trial court, as that court must determine whether or not the amendment asked for is “necessary for ■ the purpose of determining in the existing suit the real question in controversy between the parties,” and whether or not it has been “duly applied for,” and an appellate court will not disturb the ruling of the. trial court either in granting or in denying such application, unless it is plainly made to appear that there has been an abuse of this judicial discretion.</p> <p>5. Where there is more than one defendant in an action of trover, one or more defendants may be acquitted and a verdict and judgment taken against the others, the verdict and judgment being shaped so as to hold liable those only who are shown by the evidence to have been guilty of conversion.</p> <p>6. In an action of trover against two defendants as copartners, under a plea of not guilty interposed by both defendants either defendant has the right to introduce any competent evidence at the trial tending to show his non-liability.</p> <p>.7. Special or additional pleas amounting only to the general issue are properly stricken out on motion.</p> <p>8. The denial of a motion for a continuance by the trial court will not be reversed by an appellate court, unless a palpable abuse of judicial discret