Watson v. Bair
Supreme Court of Florida
Appeal from Circuit Court .for Alachua County; J. T. Wills, Judge. Statement. E. L. AVatson filed his bill in chancery against J. A Bair and Frances A. Bair, which, omitting the caption, is as follows: “Your orator, E. L. Watson, of Alachua County, Florida, brings this his bill of complaint against J. A. Bair and Frances A. Bair, his wife, of Alachua and Putnam Counties, respectively, Florida, and thereupon your orator complains and says •: “That on the 4th day of December,…
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Appeal from Circuit Court .for Alachua County; J. T. Wills, Judge. Statement. E. L. AVatson filed his bill in chancery against J. A Bair and Frances A. Bair, which, omitting the caption, is as follows: “Your orator, E. L. Watson, of Alachua County, Florida, brings this his bill of complaint against J. A. Bair and Frances A. Bair, his wife, of Alachua and Putnam Counties, respectively, Florida, and thereupon your orator complains and says •: “That on the 4th day of December, 1913, your orator recovered a judgment against the American Pecan Company, a Delaware corporation, in the sum of $1,250,…
1Opinion of the Court
Shackleford, J.,
(after stating the facts.)'—The following contention is made by the appellant in his brief: “Appellees answered the bill of. complaint and confessed every material allegation therein, either expressly or by failure to deny; and appellees, by their answer, then proceeded to state matters by way of avoiding the allegations of the bill That is, the appellees’ answer is by way of confession and avoidance; and, therefore, it was incumbent upon the appellees to establish the matters set up by way of avoidance by a preponderance of the evidence.”
Of course, if this contention is…
2Cases cited8 opinions
- Maxwell v. Jacksonville Loan & Improvement Co.Supreme Court of Florida · 1903
- Southern Lumber & Supply Co. v. VerdierSupreme Court of Florida · 1906
- Lykes v. BeauchampSupreme Court of Florida · 1905
- Indian River Manufacturing Co. v. WootenSupreme Court of Florida · 1908
- Griffith v. HendersonSupreme Court of Florida · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hill v. BeachamSupreme Court of Florida · 1920
- Florida Power Corp. v. City of TallahasseeSupreme Court of Florida · 1944
- Hanover Fire Insurance v. HiersSupreme Court of Florida · 1920
- Berg v. Bridle Path Homeowners Ass'n, Inc.District Court of Appeal of Florida · 2002
- Miami Hardware Paint & Glass Co. v. Magic City Building Co.Supreme Court of Florida · 1928
2 more not listed; retrieve them via the Exa API.