S. P. BAILEY, APPELLANT,
v.
HUGH PARTIN AND PANSY PARTIN, HIS WIFE, APPELLEES
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The Florida Supreme Court reversed in part an order that had allowed defendants to file a late demurrer after a decree pro confesso had been entered against them, while affirming the order in all other respects.
The court held that the trial court erred in permitting the defendants to file their demurrer as part of the record after the decree pro confesso was entered. However, the court found no error in the other aspects of the order appealed.
“the order appealed from be and the same is hereby reversed in so far as it purports to permit the defendants to file as a part of the record herein their demurrer to the bill of complaint, as tendered with the motion to set aside the decree pro confesso theretofore entered against the defendants, but in all other respects the order appealed from is affirmed.”
This quote directly states the court's holding and disposition.
The case involved an order that was appealed. The record shows that a decree pro confesso was entered against the defendants. Subsequently, the defend…
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Per Curiam.
This cause having heretofore been submitted to the Court upon the transcript of the record of the orders herein and upon briefs and argument of counsel for the respective parties, and the record having been inspected, and the Court being now advised of its judgment to be given in the premises, it is considered, ordered and decreed that the order appealed from be and the same is hereby reversed in so far as it purports to permit the defendants to file as a part of the record herein their demurrer to the bill of complaint, as tendered with the motion to set aside the decree pro confesso theretofore entered against the defendants, but in all other respects the order appealed from is affirmed.
Brown, C. J., and Whitfield, Terrell and Strum, J. J., concur. Ellis and Buford, J. J., dissenting: We think the contract sued on was one for the sale of lands.