37 Fla. 226 | Fla. | 1896
Henry H. Bernard, the appellee, on the 21st day of January, 1890, filed his bill, for the foreclosure of a mortgage for $1,500 upon'real estate, in the Circuit Court of Lake county against Harold E. Trower, the appellant. The mortgage contained special provision for the payment of attorney’s fees in case foreclosure thereof became necessary, and the bill contained all of the allegations and prayers for relief that are necessary and usual in such cases. The defendant was duly served with subpoena in the cause, entered an appearance by counsel,’ and filed a demurrer to the the bill that, upon argument, was overruled by the court, and, as we think, very' properly, as the same was so patently frivolous and devoid of merit as to .savor of a design to delay. The order overruling this •demurrer allowed the defendant until the rule day in June, 1890, to answer the bill.- On the second day of June, 1890, the defendant-filed what-purports to be a plea, but the same - was: not-verified as being-true, neither was any certificate of counsel afthched thereto certifying as to its being in his opinion well founded
The assignments of error are, that the court below erred in overruling the defendant’s demurrer to the-bill. 2d. The entry of the decree pro confesso was-without the authority of the court, below and was not made by the court. 3d. The court erred in allowing the complainant’s entry of decree pro confesso to stand. 4th. The order of reference was without the authority of .the court below, and was not made by the court. 5th. The court erred in allowing the complainant’ s order of reference to an alleged master to stand. 6th. There was nothing upon which to base the final decree of the court. 7th. Said final decree was contrary to equity. All of these assignments of' error are abandoned here except the second and fourth, to the effect that the entry of the décree pro confesso was without the authority of the court below and was not made by the court; and that the order of reference was not made by authority of the court or by the court itself:
The pleas filed by the defendant to the complainant’s bill besides being utterly frivolous and devoid oi any merit upon its face, was not sworn to, or certified by counsel, as before shown. The complainant under these circumstances had the right to ignore it altogether and to treat it as no plea at all, and to enter de
The decree appealed from is affirmed.