Southern Home Insurance v. Putnal
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Taylor County. Statement. The defendant in error, hereinafter called the plaintiff, brought an action at law' against the plaintiff in error, hereinafter called the defendant, on a fire insurance policy. The declaration substantially follows the statutory form in actions of this nature, and a copy of the insurance policy upon which the action is based is attached thereto.
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This case was decided by Division A. Writ of Error to the Circuit Court for Taylor County. Statement. The defendant in error, hereinafter called the plaintiff, brought an action at law' against the plaintiff in error, hereinafter called the defendant, on a fire insurance policy. The declaration substantially follows the statutory form in actions of this nature, and a copy of the insurance policy upon which the action is based is attached thereto. Five pleas were filed by the defendant to the declaration as follows: “The defendant, Southern Home Insurance Company, a corporation under the laws…
1Opinion of the CourtShackelford, J.
(after stating the facts.) — The-first and second assignments are based upon the sustaining of the plaintiff’s demurrer to the defendant's third and fourth pleas, but,' as they are not argued, under our established practice, they 'must be treated as abandoned. The third assignment is the first o'he which is, *216urged before us and is that “the court erred in sustaining plaintiff’s-motion to strike the defendant’s fourth amended plea.”
This court has repeatedly had occasion to consider ‘ he respective functions performed by a motion to strike out a pleading and a demurrer thereto, and we have a…
2Cases cited54 opinions
- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- McKinnon v. JohnsonSupreme Court of Florida · 1909
49 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Griffith v. Shamrock VillageSupreme Court of Florida · 1957
- Goldman v. State Farm Fire Gen. Ins. Co.District Court of Appeal of Florida · 1995
- State Ex Rel. Fulton v. IvesSupreme Court of Florida · 1936
- Hickman v. London Assurance Corp.California Supreme Court · 1920
- Mizell Live Stock Co. v. J. J. McCaskill Co.Supreme Court of Florida · 1910
79 more not listed; retrieve them via the Exa API.