Petersohn v. Keech, (1949)
Court: Supreme Court of Florida
Number:
Visitors: 6
Judges: BARNS, Justice.
Attorneys: Horn Ossinsky, of Daytona Beach, and Bezoni McCord, of Tallahassee, for petitioners.
John S. Byington and Curtis Basch, both of Daytona Beach, for respondents.
Filed: Apr. 05, 1949
Latest Update: Mar. 02, 2020
Summary: Suit by Ted Keech and Mary Keech, his wife, against Christina Petersohn and others. To review a decree granting a motion to strike portions of defendants' answer, defendants bring certiorari. Petition granted and orders striking portions of the answer quashed. History of the case: The defendants filed an answer to plaintiffs' bill and the *Page 715 chancellor sustained and granted a motion to strike portions of defendants' answer, which order, striking portions of the answer, petitioners seek to
Summary: Suit by Ted Keech and Mary Keech, his wife, against Christina Petersohn and others. To review a decree granting a motion to strike portions of defendants' answer, defendants bring certiorari. Petition granted and orders striking portions of the answer quashed. History of the case: The defendants filed an answer to plaintiffs' bill and the *Page 715 chancellor sustained and granted a motion to strike portions of defendants' answer, which order, striking portions of the answer, petitioners seek to ..
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I concur in the opinion prepared by Mr. Justice BARNS and in the conclusion that the petition for writ of certiorari should be granted and the order about which complaint is made should be quashed. I entertain the view that although some portions of the answer which were stricken do not present matter which is relevant or material, some of those portions which were stricken do contain relevant and material averments.
The order of the Chancellor, therefore, granting the motion to strike all of those portions of the answer which were subject matter of attack, was erroneous.
Source: CourtListener
