FOSGATE v. NOCATEE FRUIT CO.

No. 980-T.

3 F.2d 606 (1924)

FOSGATE v. NOCATEE FRUIT CO.

District Court, S. D. Florida.

December 12, 1924.


Attorney(s) appearing for the Case

Marks, Marks & Holt, of Jacksonville, Fla., for plaintiff.

Leitner & Leitner, of Arcadia, Fla., and Mabry, Reaves & Carlton, of Tampa, Fla., for defendant.


CALL, District Judge.

The defendant filed, by leave of court, seven amended pleas, the substance of each, omitting that the defendant "denies" certain matters in the counts, which I do not understand to be good pleading at law. The plea should state facts, showing the defenses relied upon, which his oath to the plea affirms as true, not that he "denies" said allegations in plaintiff's pleading, and I have therefore taken the affirmations only in the pleas as a test...

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