Judges: ELLIS, C.J.
Attorneys: Edward E. Fleming, for Plaintiff in Error;
Casey, Walton Spain, for Defendant in Error.
Filed: Aug. 02, 1938
Latest Update: Mar. 02, 2020
Summary: This case is here on writ of error to a final judgment in behalf of plaintiff below entered on the 8th day of March, 1937, by the Circuit Court of Dade County, Florida. Plaintiff's declaration was in five counts, alleging that on the 29th day of March, 1932, she was a passenger in the defendant's car driven by his agent, one Leonard Lonquist, on Federal Highway No. 1, just south of the Dade County-Broward County line; that David Warner was an occupant of the car, and that at said time and place
Summary: This case is here on writ of error to a final judgment in behalf of plaintiff below entered on the 8th day of March, 1937, by the Circuit Court of Dade County, Florida. Plaintiff's declaration was in five counts, alleging that on the 29th day of March, 1932, she was a passenger in the defendant's car driven by his agent, one Leonard Lonquist, on Federal Highway No. 1, just south of the Dade County-Broward County line; that David Warner was an occupant of the car, and that at said time and place L..
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I agree to the conclusion reached in this case. The replication to the second plea was bad, but on the theory that a bad replication is a good answer to a bad plea, and as the second plea was bad no error was committed in overruling the demurrer to the replication.
