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
Judges: Cockrell, Hocker, Parkhill, Shackleford, Taylor, Whitfield
Read full opinion on CourtListenerCited by
14 cases in this archive cite this case.
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida· 1907-01-15· cited 120×
- In Re GregorySupreme Court of Florida· 1975-03-19· cited 42×
- Wilson v. JohnsonSupreme Court of Florida· 1906-01-15· cited 32×
- Seaboard Air Line Railway v. ScarboroughSupreme Court of Florida· 1906-06-15· cited 30×
- Atlantic Coast Line Railroad v. Benedict Pineapple Co.Supreme Court of Florida· 1906-06-15· cited 23×
- Hartford Fire Insurance v. BrownSupreme Court of Florida· 1910-06-15· cited 23×
- Quitman Naval Stores Co. v. ConwaySupreme Court of Florida· 1912-01-15· cited 14×
- West Yellow Pine Co. v. StephensSupreme Court of Florida· 1920-07-15· cited 13×
- Tripp v. WadeSupreme Court of Florida· 1921-10-27· cited 13×
- Joseph Goldberger Iron Co. v. Cincinnati Iron & Steel Co.Court of Appeals of Kentucky· 1913-03-19· cited 11×
- CIC Leasing Corp. v. Dade Linen & Furniture Co.District Court of Appeal of Florida· 1973-05-01· cited 10×
- Osborne v. Shell Oil Co.District Court of Appeal of Florida· 1958-07-17· cited 9×
- Blue v. StatenSupreme Court of Florida· 1922-08-18· cited 7×
- Shaw v. SaundersSupreme Court of Florida· 1920-05-26· cited 5×
Cites
6 cases in this archive are cited by this case.
- Mathis v. StateSupreme Court of Florida· 1903-01-15· cited 81×
- George W. Wright & Co. v. SkinnerSupreme Court of Florida· 1894-06-15· cited 18×
- Reynolds v. SmithSupreme Court of Florida· 1905-01-15· cited 15×
- In re LambertSupreme Court of Louisiana· 1905-06-19· cited 14×
- Waterman v. MattairSupreme Court of Florida· 1853-07-01· cited 13×
- Marx Bros. v. Culpepper & DupontSupreme Court of Florida· 1898-06-15· cited 10×
Sourced from CourtListener / Free Law Project (CC0).
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