Baars & Downing v. Gordon & Stamp
Supreme Court of Florida
On September 13,1883, plaintiffs in error, by their attorney, filed a praecipe for a summons and for a writ of attachment against the defendants’ property. An affidavit made by one of the plaintiffs was also filed stating that defendants were indebted to them in a sum stated and that defendants were non-resident. A bond of plaintiffs and two other persons was filed and approved, to secure defendants against costs and damages by reason of improperly suing out the attachment.
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On September 13,1883, plaintiffs in error, by their attorney, filed a praecipe for a summons and for a writ of attachment against the defendants’ property. An affidavit made by one of the plaintiffs was also filed stating that defendants were indebted to them in a sum stated and that defendants were non-resident. A bond of plaintiffs and two other persons was filed and approved, to secure defendants against costs and damages by reason of improperly suing out the attachment. This bond was in terms joint and not several, binding themselves, their heirs, executors and administrators. The summons…
1Opinion of the Court
The Chiee Justice
delivered the opinion of the court:
As to the first error assigned, the opening of the default, which, by the statute, is within the sound discretion of the ■court, we cannot say that there was any abuse of discretion. Russ vs. Gilbert, 19 Fla., 54. But there was a subsequent default entered against defendants, which was not set aside ■except by the effect of the final j udgment.
2. As to the dissolution of the attachment, it appears by the record and by the briefs of counsel that it was dissolved ■on the ground that the bond was joint and not several as to the principals and…
2Cases cited6 opinions
- Pollard & Pickett v. DwightSupreme Court of the United States · 1808
- Gracie v. PalmerSupreme Court of the United States · 1823
- Russ v. GilbertSupreme Court of Florida · 1882
- Price v. WinterSupreme Court of Florida · 1875
- Jeffreys v. ColemanSupreme Court of Florida · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Campbell v. McLaurin Investment Co.Supreme Court of Florida · 1917
- Fourth National Bank v. WilsonSupreme Court of Florida · 1924
- Bartley v. BinghamSupreme Court of Florida · 1894
- Engle v. GatesU.S. Circuit Court for the District of Eastern Wisconsin · 1896