Bryant v. Moss Packing Co., (1935)
Court: Supreme Court of Florida
Number:
Visitors: 13
Judges: BUFORD, J. —
Attorneys: Dayton, Dayton Dayton, for Plaintiff in Error;
Shackleford, Ivy, Farrior Shannon and R. W. Shackleford,
for Defendant in Error.
Filed: Jan. 18, 1935
Latest Update: Mar. 02, 2020
Summary: The writ of error is to review a judgment entered in favor of defendant on demurrer sustained to a declaration. The declaration attempted to set up a cause of action *Page 178 for damages occasioned by the wrongful death of plaintiff's husband. The declaration was in two counts. Both counts of the declaration are fatally defective because they fail to allege that the deceased was riding on the truck of the defendant with the knowledge or consent either of the defendant or the defendant's agent i
Summary: The writ of error is to review a judgment entered in favor of defendant on demurrer sustained to a declaration. The declaration attempted to set up a cause of action *Page 178 for damages occasioned by the wrongful death of plaintiff's husband. The declaration was in two counts. Both counts of the declaration are fatally defective because they fail to allege that the deceased was riding on the truck of the defendant with the knowledge or consent either of the defendant or the defendant's agent in..
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I agree to the order solely because it is apparent from the briefs of counsel that the sufficiency of the declaration was attacked not on its apparent defect but on a question of doubtful application in the present state of the declaration, the defect in which may possibly be cured; that because of the digression the plaintiff may have been misled into the belief that, as an amendment could not be made on the point discussed, it was useless to attempt a cure of the apparent defect in the declaration, and suffered judgment against her.
In these circumstances it is probable that this Court has power under the provisions of Section 4637, C. G. L. 1927, to amend the judgment in the matter suggested in the order of the Court.
TERRELL, and BROWN, J. J., concur.
Source: CourtListener
