Hall v. Northern & Southern Co.

Upon petition for rehearing in this case the following opinion was rendered:

Whitfield, J.

—Ina petition for rehearing it is suggested that the demurrer to the declaration does not state as substantial matters of law the particular grounds on which the court found the declaration to be defective.

If a declaration fails to allege substantive facts that are essential to a right of action the trial court or the appellate court may take notice of such fatal defect and m,ake a proper disposition of the cause. See Eddins v. Tweddle, 35 Fla. 107, 17 South. Rep. 66; Florida Cent. & P. R. Co. v. Ashmore,…