State ex rel. Edwards v. County Commissioners of Sumter County
Supreme Court of Florida
This is a case of original jurisdiction. The facts of the case are stated in the opinion.
1Opinion of the CourtJustice Raney
The relator has moved to quash the amended return filed by respondents.
The statements of the first, third and fifth paragraphs are pleaded on information and belief. "We do not think this is a proper form of allegation in this, if it is in any, common law pleading. We have seen and can recall no form of a plea at common law in which it has been used. The statement of the defence should be positive. Of course we do not mean that a defendant is confined to pleading matters which are within his own personal knowledge. The rule requiring pleas to be sworn to was never intended to have any such…
2Cases cited1 opinion
- State ex rel. Arpen v. BrownSupreme Court of Florida · 1883
3Cited by16 opinions
- Ray v. WilsonSupreme Court of Florida · 1892
- E. O. Painter Fertilizer Co. v. DuPontSupreme Court of Florida · 1907
- Ex parte TheisenSupreme Court of Florida · 1892
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1906
- State v. BayneWisconsin Supreme Court · 1898
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