State ex rel. Kirk v. Maxwell

Citations

• 19 Fla. 31

Syllabus

<p>1. The question, whether a return to an alternative writ in a mandamus proceeding should be sworn to, is not raised by a demurrer thereto. The remedy in a case where a pleading- should be sworn'to and is not, is a motion to strike it out.</p> <p>2. The proceeding- to disbar an attorney is special, of a summary character, andas to methods of practice and pleading-, is not controlled by the same rules in every respect, that prevail in ordinary common law actions. One of the respects in which it thus differs is that a replication to the answer to the rule to show cause is unknown to such proceeding-. Upon the coming- in of such answer the motion of the movant is to make the rule absolute, and that of the respondent is to discharge the rule, and the introduction of testimony is proper without a replication.</p> <p>3. Where a respondent to such rule submits the ease upon the filing of his answer by stating through his counsel that it was all that he had to submit in the case, and the party representing the rule in submitting the case says to the Judge, that the evidence for the petitioner is mostly in the files of your court, that and some letters of the respondent I will furnish, and all of the record evidence, and two letters from the relator to his wife, written by him to her in reference to the loss of the papers in a divorce suit, instituted by his wife against him, which papers were last traced to his possession, and the writing of which letter he did not deny, were furnished to the court by the petitioner, and the proceeding to disbar was principally based upon judicial proceedings in which the relator was a party, and the records of which were to be found upon the files of the court, and the respondent in his answer to the rule to disbar admitted the acts principally charged against him by making the records which contained them exhibits to his answer, the court properly treated as evidence such records.</p> <p>4. This court will not interfere with the action