Taylor v. Brown

Citations

• 32 Fla. 334

Syllabus

<p>.1. A demurrer lacking the affidavit of defendant and certificate of counsel required by the rules of practice, is so fatally defective as not to preclude the entry at the proper time of a decree pro confesso for want of a plea, answer or demurrer.</p> <p>:3. On an application of a defendant to set aside a decree pro con-fesso properly entered, he must show both reasonable diligence and a meritorious defense ; and in the absence of such ' showing, the refusal of the chancellor to set aside the default will not be disturbed.</p> <p>3. In a joint suit in equity by husband and wife to recover the separate statutory property of the wife, no objection was made to the manner in which the wife sued :i Held, After default and final decree, such objection can not be made for the first time in the appellate court.</p> <p>4. Where a mortgage provides a reasonable attorney fee for its foreclosure, it is error for the court to decree a sum for this purpose in the absence of proper proof as to such fee.</p>