Waring v. Bass

Citations

• 76 Fla. 583
• 80 So. 514
• 1918 Fla. LEXIS 372

Syllabus

<p>1. The failure of appellant to give a supersedeas bond is no ground for the dismissal of the appeal.</p> <p>2. The mere recital in the transcript of the Record that an order was made that the appeal shall operate as a supersedeas does not of itself create a supersedeas. The conditions prescribed by the Statute must be complied with before the appeal operates as a supersedeas.</p> <p>3. The function of a plea in equity is to bring forward some matter of fact or number of facts tending to a single point which is a complete defense to the whole bill, or some distinct part of it.</p> <p>4. When a cause in equity is heard on the plea the facts as pleaded are assumed to be true for the purpose of the hearing, the sufficiency of the bill cannot be questioned and every material allegation of the bill not denied by the ■plea is admitted to be true.</p> <p>5. The word “Privity” as used in Section 2210, General Statutes of Florida, providing for the acquisition of liens by persons in privity with the owner, against the latter’s real property is not employed in the technical sense of the common law, but implies special knowledge showing active consent or concurrence.</p>