Durham v. Edwards
Supreme Court of Florida
This case was decided by Division A. Appeal from the Circuit Court for Bradford County. STATEMENT. On the 13th day of February, 1904, the appellant filed his bill in chancery dn the Circuit Court for Bradford county against the appellee, alleging therein in substance, among other things, that appellant and appellee were copartners as naval stores operators under the firm name of Edwards & Durham, that the appellee individually and the said firm were indebted to the Peacock,…
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This case was decided by Division A. Appeal from the Circuit Court for Bradford County. STATEMENT. On the 13th day of February, 1904, the appellant filed his bill in chancery dn the Circuit Court for Bradford county against the appellee, alleging therein in substance, among other things, that appellant and appellee were copartners as naval stores operators under the firm name of Edwards & Durham, that the appellee individually and the said firm were indebted to the Peacock, Hunt & West Company in large sums of money, to secure the payment of which appellant and appellee together With their…
1Opinion of the Court
Shackleford, C. J.,
(after stating the facts.) In equity, as well as at law, a pleading is to be most strongly, construed against the pleader thereof, and in passing upon a demurrer to a bill every presumption is against the bill. This follows from the established principle of pleading that it is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or states such facts therein as show that he is not entitled to relief in a court of equity, he must suffer the consequences of…
2Cases cited10 opinions
- Johnson v. McKinnonSupreme Court of Florida · 1903
- Pinney v. PinneySupreme Court of Florida · 1903
- Herrin v. BrownSupreme Court of Florida · 1902
- Stockton v. National BankSupreme Court of Florida · 1903
- Parker v. City of JacksonvilleSupreme Court of Florida · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Godwin v. PhiferSupreme Court of Florida · 1906
- Horne v. J. C. Turner Cypress Lumber Co.Supreme Court of Florida · 1908
- Norton v. JonesSupreme Court of Florida · 1922
- Fisher v. GradySupreme Court of Florida · 1937
21 more not listed; retrieve them via the Exa API.