Ray v. Pollock

Citations

• 56 Fla. 530

Syllabus

<p>1. When admission is made of the timely receipt of a notice of a hearing by a party already in court, it is immaterial by whom that notice was served.</p> <p>2. In an action against A and B, growing out of a partnership indebtedness, a declaration reciting that they were heretofore partners is not substantially bad for not setting forth when the partnership closed.</p> <p>3. No reversible error appears in sustaining a demurrer to a plea which was clearly subj ect to a motion to strike from the record.</p> <p>4. A mere promise of one partner to pay the firm debts is no consideration for the release of another partner who was equally bound to such payment.</p> <p>5. The overruling of a demurrer to the evidence should be in the record proper and when only in the bill of exceptions will not be reviewed.</p> <p>6. When a cause has been tried by the court, a jury being waived, and the perfectly legitimate evidence overwhelmingly preponderates in favor of its finding, assignments of error upon admissibility of evidence will not be specifically passed upon.</p>