AMERICAN TIE & TIMBER COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
SHERMAN WASHINGTON, DEFENDANT IN ERROR
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The Florida Supreme Court denied a petition for rehearing, affirming its prior decision. The court found that the plaintiff had properly joined issue on the defendant's pleas, despite the plaintiff's failure to file a formal replication.
No, the court did not err in submitting the cause to the jury. The plaintiff's joinder of issue on the plea was sufficient to deny the substance of the plea and create an issue.
“A petition for rehearing suggests that the court overlooked the assignment that the court erred in submitting the cause to the jury, the plaintiff having filed no replication to the second plea containing new matter.”
This quote introduces the specific issue raised in the petition for rehearing.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, American Tie & Timber Company, filed a lawsuit against Sherman Washington. The defendant filed pleas, one of which contained new matter…
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Per Curiam.
— A petition for rehearing suggests that the court overlooked the assignment that the court erred in submitting the cause to the jury, the plaintiff having filed no replication to the second plea containing new matter. The point is not well taken. The record shows and the opinion states that the plaintiff joined issue on both, pleas. Under Section 1447 of the General Statutes cited in the opinion the “joinder of issue shall be deemed to be a denial of the substance of the plea-and an issue théreon; and in all cases where the plaintiff’s pleading is in denial of the pleading of the defendant, or some part of it, the plaintiff may add a joinder of issue for the defendant.” See Globe Theatre and Amusement Co. v. Watt, decided December 5th, 1911.
A rehearing is denied.
Whitfield, O. J., and Taylor, Shackleford, Cockrell and Hocker, J. J., concur.