Miami Hardware Paint & Glass Co. v. Magic City Building Co.

After the two original defendants had filed their joint answer, the complainant filed a demurrer to the fourth “count” of the answer. This paragraph of the answer alleged that the mortgage sought to be foreclosed was without consideration and prayed that the same be declared void and cancelled. Demurrer was not the method of attacking this portion of the answer. The proper method was by exceptions, or by motion to strike out under the statute. Oneida Land Co. v. Richards, 73 Fla., 884, 75 So. R. 412; See. 3122 and 3124 Rev. Gen. Stats. This demurrer was set down for hearing, but the record…