Jones v. Stewart
Supreme Court of Florida
Appeal from the Circuit Court for Volusia county. STATEMENT. ' David A. Felt being indebted to Charlotte Sauls in the sum of five hundred dollars, evidenced by promissory note bearing date March 5th, 1880, executed, in conjunction with his wife, Sarah Felt, a mortgage on a described lot of land in Volusia county to secure the payment of the note.
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Appeal from the Circuit Court for Volusia county. STATEMENT. ' David A. Felt being indebted to Charlotte Sauls in the sum of five hundred dollars, evidenced by promissory note bearing date March 5th, 1880, executed, in conjunction with his wife, Sarah Felt, a mortgage on a described lot of land in Volusia county to secure the payment of the note. Appellees Kate C. Stewart, assignee of said note and mortgage, and -her husband, Isaac A. Stewart, filed a bill to foreclose the mortgage against David A. Felt, Hattie A. Felt, a minor, Robert H. Jones and Leslie L. Wellman, and therein alleged the…
1Opinion of the Court
Mabry, C. J.:
It is the settled rule of this court that unless all the-parties against whom a joint decree is rendered unite in an appeal, or the appeal be taken in the names of all with summons and severance, or equivalent proceedings as to those who refuse to join therein, the appeal will be dismissed. This rule is based upon the-, cardinal doctrine in the administration of justice in all courts that all parties who are to be affected by the judgment of the court should be brought before it and given an opportunity to be heard.
This rule in chancery appeals obtains with as much force as in…
2Cases cited9 opinions
- Hardee v. WilsonSupreme Court of the United States · 1892
- Davis v. Mercantile Trust Co.Supreme Court of the United States · 1894
- Thomas Deye Owings and Others v. Andrew KincannonSupreme Court of the United States · 1833
- Guarantee Trust & Safe Deposit Co. v. Buddington, Wilson & Co.Supreme Court of Florida · 1887
- Inglehart v. StansburySupreme Court of the United States · 1894
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3Cited by3 opinions
- Henry Vogt Machine Co. v. Milton Land & Investment Co.Supreme Court of Florida · 1917
- Wilson-Mason Co. v. DuncanSupreme Court of Florida · 1925
- Berry v. BarnettSupreme Court of Florida · 1920