Ahren v. Willis
Supreme Court of Florida
Appeal from a Judgment of Escambia County Circuit Court. This was an action of debt brought by the appellee on a sealed note. The appellants who were defendants below pleaded first, non est factum, and second “that no consideration passed to said defendants whereon they could be charged by the said supposed writing obligatory,” concluding to the County. To the second an affidavit of its truth was attached.
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Appeal from a Judgment of Escambia County Circuit Court. This was an action of debt brought by the appellee on a sealed note. The appellants who were defendants below pleaded first, non est factum, and second “that no consideration passed to said defendants whereon they could be charged by the said supposed writing obligatory,” concluding to the County. To the second an affidavit of its truth was attached. Upon the first plea issue was joined and to the second, plaintiff demurred, alleging the following as causes of demurrer. 1. Want of consideration is no defence to an action of debt on…
1Opinion of the CourtDuPONT, J.
The assignment of errors filed in this cause presents for our consideration two points 1st. the propriety of the ruling in the Circuit Court; refusing to grant the motion of the defendants below for a continuance of the cause, and' 2nd. the sufficiency of the defendants special plea to the plaintiff’s declaration.
*362At common law, the granting or refusing of a motion for a continuance is a matter exclusively within the control, and dependent upon the discretion of the nisiprius Judge, and error could not be predicated thereon. Such was the practice in this Court, until it was altered by the…
2Cited by20 opinions
- Williams v. Peninsular Grocery Co.Supreme Court of Florida · 1917
- Clements v. StateSupreme Court of Florida · 1906
- Howdeshell v. First Nat. Bank of ClearwaterDistrict Court of Appeal of Florida · 1979
- Forbes v. Fort Lauderdale Mercantile Co.Supreme Court of Florida · 1922
- Padgett v. LewisSupreme Court of Florida · 1907
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