Picture Plays Theatre Co. v. Williams

Citations

• 75 Fla. 556
• 78 So. 674
• 1 A.L.R. 1
• 1918 Fla. LEXIS 475

Syllabus

<p>1. An answer in chancery is both a discovery and a pleading. As to matters of discovery it is evidence for the defendant; as to matters of pleading it is not.</p> <p>2. An answer in chancery, although positive, and directly responsive to an allegation in the bill, may be outweighed by circumstances, especially if it be respecting a fact which, in the nature of things, cann'ot be within the personal knowledge of the defendant.</p> <p>‘ 3. New matter, or matter merely in confession and avoidance, relates to acts, transactions or happenings which occur subsequent to the acts complained of in the bill and which do not form a part of the original contract Or transaction, but are independent of it; and relate to a different transaction. Where such new mjatters are set out in the answer, they are not such responsive averments as will be taken as true when the case is heard on bill, answer and replication.</p> <p>4. But where the averments relate to, or are a part of the original act, contract or transaction upon which complainant predicates his cause of action, or are concerning matters stated or inquired of in the bill, and state all the particulars of the acts, contracts or transactions charged and inquired into by the bill, they are responsive.</p> <p>5. On a final hearing of a cause in equity upon bill, answer and replication, after the time for taking testimony has expired, every allegation in the answer responsive to the bill is t,aken as true.</p> <p>O. Where an answer is confined to such facts as are necessarialy required by the bill, and those inseparably connected with them, forming a part of one and the same transaction, the answer is responsive to the bill as well when it discharges as when it charges the defendant.</p>