Ropes v. Snyder Harris Bassett Co.

Citations

• 37 Fla. 529

Syllabus

<p>1. The Circuit Court Common Law Rule No. 15 requires all pleas to be sworn to. Where pleas are filed without being sworn to it is not error, upon motion of the opposite party, to strike them from the files.</p> <p>2. The power of the clerk to enter final judgments consequent upon defaults in pleading is entirely statutory, and should be strictly pursued.</p> <p>3. It is not sufficient in a judgment upon default for the clerk to merely recite that the plaintiff “produced the proof of the claim sued upon.” The rule provides that “no judgment upon default shall be entered by the clerk until after filing the proofs required by law, all of which shall be in writing and filed with the papers in the case.” The nature of the evidence produced and upon which the judgment was entered should have been set forth, and the record should show that the clerk acted upon proofs .produced upon the entry of the default.</p>