Supreme Court of Florida, 1945

Town of North Miami v. State Ex Rel. Watson

Town of North Miami v. State Ex Rel. Watson
Supreme Court of Florida · Decided July 10, 1945 · Buford, Chapman, Terrell, Adams
22 So. 2d 762; 156 Fla. 340; 1945 Fla. LEXIS 846 (Southern Reporter, Second Series)

Town of North Miami v. State Ex Rel. Watson

Opinion of the Court

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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