Ballard v. Eckman & Vetsburg
Supreme Court of Florida
Appeal from the Circuit Court for Polk county. This is a creditor’s bill filed by respondents against appellants. Respondents obtained judgments amounting to $2,296.85, against Louis M. Ballard, in assumpsit; executions were issued and returned nulla bona. The bill alleges that L. M. Ballard has made a fraudulent sale and delivery of his’stock of merchandise to H. D. Ballard, to defraud the creditors oí Louis M., and to evade the payment of his just debts.
Read the full summary
Appeal from the Circuit Court for Polk county. This is a creditor’s bill filed by respondents against appellants. Respondents obtained judgments amounting to $2,296.85, against Louis M. Ballard, in assumpsit; executions were issued and returned nulla bona. The bill alleges that L. M. Ballard has made a fraudulent sale and delivery of his’stock of merchandise to H. D. Ballard, to defraud the creditors oí Louis M., and to evade the payment of his just debts. A decree is prayed setting aside the sale and transfer, and declaring the stock of goods subject to the judgments and executions…
1Opinion of the Court
The Chief-Justice delivered the opinion of the court.
The first and second grounds of appeal are the allowance of preliminary injunction on bill and petition without oath or other proof of the allegations in either paper, and because no bond was given as required by the order.
Neither of these grounds, if sustained, will be sufficient to remove the final decree, because this .appeal was not made until the final decree had been entered, upon the hearing upon bill, answers and testimony. If the allegations of the bill are supported by the testimony sufficiently to overcome the answers of the…
2Cases cited6 opinions
- Campbell v. MorrisonNew York Court of Chancery · 1838
- Barrow v. BaileySupreme Court of Florida · 1853
- Bank of Orleans v. SkinnerNew York Court of Chancery · 1841
- Bowes v. HoegSupreme Court of Florida · 1875
- William Hone & Co. v. MoodySupreme Court of Georgia · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Godwin v. PhiferSupreme Court of Florida · 1906
- Spurgeon v. RhodesIndiana Supreme Court · 1906
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- Ruge v. Apalachicola Oyster Canning & Fish Co.Supreme Court of Florida · 1889
- Tischler v. RobinsonSupreme Court of Florida · 1920
12 more not listed; retrieve them via the Exa API.