Mickler v. Reddick
Supreme Court of Florida
Appeal from the the Circuit Court for Hernando* county. STATEMENT. Appellants sued appellee in an action of assumpsiton a note for $550, payable to the order [of Mary E„ Mickler. The defendant filed three pleas, to which plaintiffs demurred, and, a term of court coming on, the following order was entered upon the minutes: “Leave to withdraw and file amended pleas granted and continued.”
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Appeal from the the Circuit Court for Hernando* county. STATEMENT. Appellants sued appellee in an action of assumpsiton a note for $550, payable to the order [of Mary E„ Mickler. The defendant filed three pleas, to which plaintiffs demurred, and, a term of court coming on, the following order was entered upon the minutes: “Leave to withdraw and file amended pleas granted and continued.” On a rule day following the adjournment of the court, and more than thirty days thereafter, a default for want of a plea was entered against defendant by the clerk on motion of plaintiffs’ counsel, and upon…
1Opinion of the Court
Mabry, C. J.:
The order of the trial judge vacating the judgment by default and final judgment entered thereon is assigned as error. We are of the opinion that the judge committed no error in the order made. Pleas had been filed and demurred to, and without any disposition of the demurrer an order was made in term time for leave to withdraw the pleas and file amended ones, but when the default was entered there had been no withdrawal of the pleas, and plaintiffs had no right to take tbe default. The order granting leave to withdraw the pleas did not compel defendant to abandon them, nor did it…
2Cases cited8 opinions
- Greenleaf v. CookSupreme Court of the United States · 1817
- Adams v. FrySupreme Court of Florida · 1892
- Whitney v. LewisNew York Supreme Court · 1839
- Randall v. BourguardezSupreme Court of Florida · 1887
- Myers v. EstellMississippi Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kroier v. KroierSupreme Court of Florida · 1928
- Etter v. State BankSupreme Court of Florida · 1918
- Hancoy Holding Company v. LambrightSupreme Court of Florida · 1931
- Johnson v. GreenSupreme Court of Florida · 1951
- Bertagnolli Bros. v. BertagnolliWyoming Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.