Town of North Miami v. State Ex Rel. Watson

Supreme Court of Florida

Town of North Miami v. State Ex Rel. Watson

22 So. 2d 762, 156 Fla. 340, 1945 Fla. LEXIS 846

CourtSupreme Court of Florida

DecidedJuly 10, 1945

StatusPublished

Cited by3 cases

This text of 22 So. 2d 762 (Town of North Miami v. State Ex Rel. Watson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Town of North Miami v. State Ex Rel. Watson, 22 So. 2d 762, 156 Fla. 340, 1945 Fla. LEXIS 846 (Fla. 1945).

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Opinion

BUFORD, J.

The appeal brings for review judgment of ouster entered upon demurrer sustained to an amended answer. The answer categorically denied many of the material allegations of the information and thereby presented an issue of fact.

It is true that amended answer did not sufficiently allege any matter by way of affirmative defense; but the allegations of the amended answer denying the material allegations of the information were sufficient to require relator to prove those material allegations which were so denied.

• Therefore, the judgment should be reversed on authority of our opinion and judgment in the case of City of North Miami Beach v. State ex rel. Watson, as Attorney General, et al., 152 Fla. 478, 12 So. (2nd) 167, and cases there cited.

It is so ordered.

CHAPMAN, C. J., TERRELL and ADAMS, JJ., concur.

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