Robertson v. Dunne

Citations

• 45 Fla. 553

Syllabus

<p>i. Tf the part of an answer excepted to is relevant, or can liav.e any influence in the decision of the suit either as to the subject-matter of the controversy, the particular relief to he given, or as to the costs, it will not be held impertinent.</p> <p>To a bill to cancel a tax certificate, the defendant answered denying “that the complainant is the owner of the land descbried in the bill of complaint, but whether or not the complainant obtained deeds of conveyance of the same as alleged in the bill the defendant is unable to say as' he has not knowledge of the subject.” The part so quoted is not subject lo an exception for impertinence.</p> <p>3. Assignments of error based upon exceptions to answer ipU not be based upon when the abstract fails to identify the portions of the answer to which such exceptions should bo applied.</p> <p>4. An amended answer to a bill to cancel a tax certificate should not be stricken as a mere repetition of the former answer when it contains as additional matter a general denial of all the allegations of the bill not specifically admitted and a claim for reimbursement of moneys paid out on account of taxes asserted to have been regularly and legally against the lands involved.</p>