Sovereign Camp, W.O.W. v. Lee, (1936)
Court: Supreme Court of Florida
Number:
Visitors: 20
Judges: PER CURIAM.
Attorneys: James N. Daniel, for Plaintiff in Error;
John H. Carter and John H. Carter, Jr., for Defendant in Error.
Filed: Sep. 23, 1936
Latest Update: Mar. 02, 2020
Summary: This is the second appearance of this case here. Lee v. Sovereign Camp W.O.W., 113 Fla. 472 , 152 So. 17 . The latter writ of error, being to a nonsuit, resulted in a reversal because the trial court refused to permit the plaintiff to file a surrejoinder during the trial to raise the issue of estoppel. *Page 737 In reversing the judgment we held that the surrejoinder tendered during the progress of the trial presented matter sufficient in law to constitute a good reply to defendant's rejoinder t
Summary: This is the second appearance of this case here. Lee v. Sovereign Camp W.O.W., 113 Fla. 472 , 152 So. 17 . The latter writ of error, being to a nonsuit, resulted in a reversal because the trial court refused to permit the plaintiff to file a surrejoinder during the trial to raise the issue of estoppel. *Page 737 In reversing the judgment we held that the surrejoinder tendered during the progress of the trial presented matter sufficient in law to constitute a good reply to defendant's rejoinder to..
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I do not think the rebutter interposed by the defendant corporation to the plaintiff's rejoinder was fully proven, and this alone, on the pleadings and evidence, is sufficient to justify an affirmance.
Source: CourtListener
