Royal Phosphate Co. v. VanNess

Citations

• 53 Fla. 135

Syllabus

<p>1. The cause of action required to be filed with the declaration is to apprise the defendant of the nature and extent of the demand against him, in order that he may plead with greater certainty, and ordinarily constitutes no part of the declaration. Even if the cause of action or bill of particulars filed with the declaration can be made a part thereof by apt words in the declaration, where this has not been done and both parties have not so treated it, neither the trial court nor the appellate court is warranted or authorized in treating such cause of action or bill of particulars as a part of the declaration.</p> <p>2. The statute and rule which require the cause of action or •bill of particulars to be filed with the declaration do not make such cause of action or bill of particulars a part of the declaration, and such cause of action or bill of particulars filed with the declaration cannot be resorted to or used on demurrer to supply essential allegations of fact omitted from the declaration.</p> <p>S. A declaration in an action at law should allege distinctly every fact that is essential to the plaintiff’s right of action.</p> <p>4. On an assignment of error based upon the overruling of a demurrer to the declaration, the plaintiff in error will be confined to the grounds stated in the demurrer and argued in the appellate court, and no other grounds will be considered, unless there is an omission in the declaration of allegations of substantive facts which are essential to a right of action, so that the declaration wholly fails to state a cause of action.</p> <p>6. In an action of debt upon an injunction .or indemnity bond a declaration which fails to allege any cost, or damage, or expense incurred by the plaintiffs by reason of the improper suing out of the injunction is so fatally defective as to show no cause of action against or liability upon the part of the defendants to the plaintiffs. .</p> <p>6. Where there is no sufficient declaration in a case, and