B. G. Lockett & Co. v. Robinson
Supreme Court of Florida
Upon appeal from the Circuit Court for Marion county. STATEMENT. In this case a bill was tiled on the 16th of May, 1885, by appellants against the appellee, and its material allegations are, in substance, as follows : That H. P. Robinson and Charles F. Robinson were copartners under the firm name of H. P. Robinson & Bro. That they were the owners of a certain lot in Ocala, and in May, 1884, commenced the erection, on said lot, of a brick building for business purposes.
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Upon appeal from the Circuit Court for Marion county. STATEMENT. In this case a bill was tiled on the 16th of May, 1885, by appellants against the appellee, and its material allegations are, in substance, as follows : That H. P. Robinson and Charles F. Robinson were copartners under the firm name of H. P. Robinson & Bro. That they were the owners of a certain lot in Ocala, and in May, 1884, commenced the erection, on said lot, of a brick building for business purposes. That complainants were dealers in brick and building material, and contracted with said TE. P. Robinson & Bro. to deliver,…
1Opinion of the Court
Young, Circuit Judge:
The first question to be determined in this case is whether or not the demurrer for want of equity, and on the ground of adequate remedy at law, was well taken. Where a statute gives a lien, and does riot j^Lve an adequate remedy, or where, owing to the peculiar circumstances of the case, the remedy given by the statute can not furnish relief, the party claiming the lien may go into equity for relief. Thrasher vs. Doig & Geiger, 18 Fla., 809; Davis vs. Alvord, 94 U. S., 545. In the case at bar the complainants claimed to have a lien under Chapter 1632, as amended by…
2Cases cited5 opinions
- Davis v. AlvordSupreme Court of the United States · 1877
- Hodges v. KowingSupreme Court of Connecticut · 1889
- Campbell Printing Press & Manufacturing Co. v. WalkerSupreme Court of Florida · 1886
- Thrasher v. DoigSupreme Court of Florida · 1882
- A. Einstein's Sons v. ShouseSupreme Court of Florida · 1888
3Cited by7 opinions
- Hibernia Savings & Loan Society v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1903
- Kimbrell v. FinkSupreme Court of Florida · 1955
- Fort Lupton State Bank v. MurataColorado Court of Appeals · 1981
- Hobbs v. ChamberlainSupreme Court of Florida · 1908
- Standard Fertilizer Co. v. State Ex Rel. GrovesSupreme Court of Florida · 1937
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