Carter v. Smith
Supreme Court of Florida
Appeal from the Circuit Court for Levy county. statement. This is a suit brought by the appellee against the appellant in the Circuit Court for Levy county, in chancery, and the ultimate relief prayed for in the bill is that the appellee be made a co-plaintiff in another suit pending in the same court against the appellant, to which he is not a party, and be allowed to participate in the relief prayed for in the bill in that suit.
Read the full summary
Appeal from the Circuit Court for Levy county. statement. This is a suit brought by the appellee against the appellant in the Circuit Court for Levy county, in chancery, and the ultimate relief prayed for in the bill is that the appellee be made a co-plaintiff in another suit pending in the same court against the appellant, to which he is not a party, and be allowed to participate in the relief prayed for in the bill in that suit. The appellant interposed a general demurrer to the bill. The cause was afterwards heard upon this demurrer, and the court made an order overruling the demurrer and…
1Opinion of the Court
Malone, Circuit Judge,
(after stating the facts)-.
The primary question raised by the pleadings in this suit is whether the appellee stated in his bill such a case as entitled him to be made a co-plaintiff in another suit, to which he was not a party, and to participate in the relief prayed for in the bill in that suit.
The appellee neither stated in his bill the purposes- or objects of that other suit; nor the relief prayed for therein; nor his interest, if any, in the subject-matter thereof; nor whether his interest, if any, is adverse and conflicting or consistent with that of the plaintiff'…
2Cited by3 opinions
- Durham v. EdwardsSupreme Court of Florida · 1905
- Doke v. WilliamsSupreme Court of Florida · 1903
- Toomer v. ChanceySupreme Court of Florida · 1926