Sewell v. Huffstetler

Citations

• 83 Fla. 629
• 93 So. 162

Syllabus

<p>1. Where a demurrer is addressed to a declaration in its entirety, which declaration contains several counts, if any one count is good the demurrer will he overruled. In an action upon ah injunction bond for breach of the condition, which is that if the injunction be dissolved and the bill' be dismissed, it is no defense that the court overruled a motion- to dissolve the injunction, but later upon the merits dismissed the bill and dissolved the injunction.</p> <p>2. Under Section 1481, General Statutes 1906 Florida Compiled Laws 1914, if the judge of a circuit where a cause is pending becomes ill and unable to attend to any of the duties pertaining, to his office the issues in the cause may be made up, and testimony taken- and the cause disposed of under the orders of the Judge of another circuit. A hearing by the Judge of another circuit under this section is not a change of venue.</p> <p>3. Where in a chancery cause the Judge of the Circuit where the same is pending becomes ill and unable to attend to any of the duties pertaining to his office the cause may be -heard by the Judge of another circuit upon application by either party.</p> <p>4. Where in an action upon an injunction bond for breach of condition the declaration alleges that the Judge of the Circuit in which the chancery cause was pending became ill and was unable to attend to the duties of his office and the cause was heard by the Judge of another Circuit a demurrer to the declaration admits the conditions necessary to authorize the Judge of the other circuit to hear and determine the cause.</p> <p>5. A Judge of a circuit who is disqualified in an action pending in his circuit and certifies to his own disqualification should make no further order in the cause other than the one of transfer but an order to the effect that the cause be referred to some other Judge having jurisdiction is proper. Section 1337, General Statutes 1906, prohibits any Judge from presiding in any cause in which he is interest