Legal Opinion
A. B. Archibald & Madeira Holding Co. v. Curry
Supreme Court of Florida
Decided October 6, 1939PublishedCited by 4 opinions
1Opinion of the Court
Buford, J. —
Appeal brings for review order denying motion to dismiss bill of complaint by which it is sought to have adjudication that title to certain property is held by the holder of the legal title in trust for the use and benefit of the defendant judgment debtor.
Under our practice, as established by the 1931 Chancery Practice Act, motion' to dismiss serves the purpose of a general demurrer and by it is tested the sufficiency of the allegations of the bill and it admits the allegations of the bill which are well pleaded for that purpose only. Such motion to dismiss should be denied if the…
2Cases cited8 opinions
- Stokes v. Victory Land Co.Supreme Court of Florida · 1930
- Walker v. CloseSupreme Court of Florida · 1929
- Wright v. BarnardDistrict Court, D. Delaware · 1915
- Wilson v. American Ice Co.District Court, D. New Jersey · 1913
- Hyams v. Old Dominion Co.District Court, D. Maine · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lykes Bros. v. Bd of Com'rs of Everglades Dr. DistSupreme Court of Florida · 1949
- Florida New Deal Co. v. Crane Co.Supreme Court of Florida · 1940
- Hill v. American Home Assurance Co.District Court of Appeal of Florida · 1966
- Stein v. DarbyDistrict Court of Appeal of Florida · 1959