38 Fla. 30 | Fla. | 1896
{after stating the facts).
In the argument upon the assignment of error predicated upon the overruling of the plea of the statute of non claim no question is raised as to the manner in which the ruling was made. Without reference to the procedure, the plaintiff in error contends that upon the record and the evidence in the case the judgment upon this plea should have been for the defendant. We consider the case as presented. Although the plea in question was overruled before the trial was had upom the other pleas, the defendant offered, without objection, his evidence to sustain such plea. Considering the proof of publication of the notice to all persons having claims against the estate of the deceased to have been duly made as alleged in the plea, the question arises whether the proceedings taken in the case against Rogers, as executor, within the time limited by the statute for the presentment of claims was equivalent to a presentation of the demand sued upon, or dispensed with the necessity of such presentation. In considering such question the transcript being filed be
It is also contended that upon the evidence sub•mitted upon the plea of not guilty the judgment should have been for the defendant. Among other matters wherein it is claimed that the plaintiffs failed to sustain their case it is argued that the plaintiffs did not
It is contended that the findings of the referee were not supported by the testimony, because such testimony, fails to show a taking and conversion of the-property by A. E. Hodges. It would serve no useful purpose to sum up or analyze the testimony, and we-do not do so. We deem it sufficient to say that while it was not so full, complete and satisfactory as it might have been, yet it was sufficient to authorize the referee to find for the plaintiff.
It is also contended that the plaintiffs should not have maintained their suit because they made no proof of a demand before suit was brought. The record does show proof of demand made upon Joel Hodges, the-agent of the deceased defendant A. E. Hodges. It.
The judgment of the Circuit Court is affirmed.