Robbins v. Hanbury

Citations

• 37 Fla. 468

Syllabus

<p>1. Under special circumstances permission may be given at the final' - hearing of a chancery case to supply defects in testimony, and the cause ordered to stand over for that purpose. This permission is cautiously granted after publication of the testimony has passed, and is generally confined to proofs by documentary evidence, or the execution of deeds and papers, where the dangers attending such proofs are not so great.</p> <p>3. Where a bill is dismissed without a consideration of the merits, it is the usual practice for the decree to state that the dismissal, is without prejudice.</p> <p>3. The refusal of the chancellor to order a cause to stand over to-supply proof of the existence and execution of deeds required' to be proven under the pleading will not be reversed when no excuse is offered for the failure to make such proof within the-time allowed for such purpose.</p>