First National Bank v. Wittich
Supreme Court of Florida
Appeal from thfe Circuit Court for Escambia county. STATEMENT. Wittich filed a bill in .chancery against the bank and others, and obtained a final decree, from which an appeal was taken.
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Appeal from thfe Circuit Court for Escambia county. STATEMENT. Wittich filed a bill in .chancery against the bank and others, and obtained a final decree, from which an appeal was taken. The case made for Wittich in the bill of complaint,, filed on the 6th of February, 1882, is that he was assignee of a judgment obtained on the 23rd day of January, 1882, in the Circuit Court for Escambia county, by F. C. Brent against E. T. Hunt for the sum of $4,663.38, and that execution emanating from said judgment was placed in the hands of the sheriff of said county, and remained unsatisfied at the time…
1Opinion of the Court
Mabby, J.:
The petition of appeal does not present any question as to the ruling of the court on the demurrers to the original and supplemental bills, and the consideration of the case here will not involve such ruling.
It is insisted that when the final decree was rendered in favor of appellee against the bank, no case was then pending in the court against it in which such decree could be rendered. After answer was filed by appellants to the original and supplemental bills appellee filed exceptions to the answer, and upon hearing of the exceptions the court made the following order, viz: “This…
2Cases cited6 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Peck v. SpencerSupreme Court of Florida · 1890
- Stein v. MunchSupreme Court of Minnesota · 1878
- Logan v. LoganSupreme Court of Florida · 1886
- Chenery v. PalmerCalifornia Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- South Dade Farms v. PetersSupreme Court of Florida · 1956
- C. B. Rogers & Co. v. MunnerlynSupreme Court of Florida · 1895
- Citizens State Bank v. BrownSupreme Court of Minnesota · 1910
- Garrett & Co. v. Mercantile Nat. Bank of Miami BeachCourt of Appeals for the Fifth Circuit · 1941
- Smith v. WhitfieldSupreme Court of Florida · 1896
2 more not listed; retrieve them via the Exa API.