Crosby v. Andrews
Supreme Court of Florida
This case was decided by the court En Banc. Appealed from the Circuit Court for Escambia County. Statement. • The following statement was prepared by Mr. Justice Shackleford. This is an appeal by the defendants in the court below from an interlocutory order overruling their demurrer to the bill of complaint. In view of the contentions made by the respective parties litigant, it seems advisable to set out the pleadings in full, with the exception of the formal parts.
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This case was decided by the court En Banc. Appealed from the Circuit Court for Escambia County. Statement. • The following statement was prepared by Mr. Justice Shackleford. This is an appeal by the defendants in the court below from an interlocutory order overruling their demurrer to the bill of complaint. In view of the contentions made by the respective parties litigant, it seems advisable to set out the pleadings in full, with the exception of the formal parts. The bill, which was filed on the 6th day of January, 1910, is as follows: “The bill of complaint of Jas. W. Andrews, R. F.…
1DissentShackelford, J.
I submit the following opinion, which was prepared by me as the opinion of the court, but in which a majority of the members of the court announced that they could not concur, as representing my individual views.
*576A great many authorities have been cited to us by the respective parties, all of which I have examined, as well as a number of others. It seems to me that the application of some well-settled principles will prove decisive of the points presented. As has been repeatedly held by this court, it is incumbent upon a complainant to allege in his bill every fact clearly and definitely that…
2Cases cited49 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Moffett, Hodgkins & Clarke Co. v. RochesterSupreme Court of the United States · 1900
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Citizens' National Bank v. JudyIndiana Supreme Court · 1896
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
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