Braxton v. Liddon
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Jackson County. STATEMENT. On the 8th day of December, 1903, C. C. Liddon & Company filed a bill to foreclose a mortgage against J. W. Braxton in the Circuit Court of Jackson county, which is based on an instrument in writing made a part of the bill, which instrument is in the following words and figures : “Marianna, Fla., Apr. 17, 1903. 8611-65 On or before October 1st, 1903, I promise to pay C. C.…
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This case was decided by Division B. Appeal from the Circuit Court for Jackson County. STATEMENT. On the 8th day of December, 1903, C. C. Liddon & Company filed a bill to foreclose a mortgage against J. W. Braxton in the Circuit Court of Jackson county, which is based on an instrument in writing made a part of the bill, which instrument is in the following words and figures : “Marianna, Fla., Apr. 17, 1903. 8611-65 On or before October 1st, 1903, I promise to pay C. C. Liddon & Company, Agents for Goulding Fertilizer Company, Six Hundred, Forty-one and 65-100 Dollars for value received. This…
1Opinion of the Court
Hocker, J.,
(after stating the facts.)
The first assignment of error challenges- that part of the decree of the Chancellor in which he struck from the files the supplemental answer -of the defendant Braxton! This supplemental answer was filed without a motion or cause shown after notice, and without leave or order of the judge, and was, therefore, filed in violation of Rule 61 of the Rules of the Circuit Courts in Equity. The. Chancellor did not err in striking it from the files.
The' next assignment of error questions the decree rendered in favor of the complainants. The cause was set down for…
2Cases cited5 opinions
- Pacific Guano Co. v. MullenSupreme Court of Alabama · 1880
- Kellogg v. Singer Manufacturing Co.Supreme Court of Florida · 1895
- Heirs of Bryan v. DennisSupreme Court of Florida · 1852
- Prescott v. BattersbyMassachusetts Supreme Judicial Court · 1876
- Cook v. FernandezSupreme Court of Florida · 1865
3Cited by7 opinions
- American National Bank of San Francisco v. A. G. Sommerville, Inc.California Supreme Court · 1923
- Hendricks v. StarkSupreme Court of Florida · 1930
- Smith v. O'BrienSupreme Court of Florida · 1918
- Daubmyre v. HunterSupreme Court of Florida · 1923
- Braxton v. LiddonSupreme Court of Florida · 1908
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