Legal Opinion

Scarlett v. Hicks

Supreme Court of Florida

Decided July 1, 1869PublishedCited by 7 opinions

Appeal from an interlocutory order of the Circuit Court for Alachua county. George W. Means, administrator of .John "W. Anderson, filed in the Probate Court of Alachua county a suggestion of insolvency of said estate. A decree of insolvency was made, and all the creditors were cited to file their claims against said estate. Francis D. Scarlett, the appellant, and Flicks and Lang, administrators, appellees, were creditors of* the estate in amounts exceeding $J0,00Q .each.

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Appeal from an interlocutory order of the Circuit Court for Alachua county. George W. Means, administrator of .John "W. Anderson, filed in the Probate Court of Alachua county a suggestion of insolvency of said estate. A decree of insolvency was made, and all the creditors were cited to file their claims against said estate. Francis D. Scarlett, the appellant, and Flicks and Lang, administrators, appellees, were creditors of* the estate in amounts exceeding $J0,00Q .each. Appellant promptly filed his claim according to the citation, while appellees sued their claim, obtaining a judgment. They…

1Opinion of the CourtWestcott, J.

This bill is brought by one creditor of an insolvent estate against the sheriff and another creditor of the same estate, who, since the filing of the suggestion of insolvency in the County Court, and the publication of notice calling the creditors to that jurisdiction, has obtained a judgment at law; has caused a fi. fa. to issue, and is proceeding under the process at law to subject the assets to sale to satisfy his judgment. In accordance with the prayer of the bill, an injunction was granted. Subsequently, upon the motion of the defendants, this injunction is dissolved, and from the order…

2Cases cited6 opinions

  1. Nusbaum v. SteinCourt of Appeals of Maryland · 1858
  2. Haber v. NassittsSupreme Court of Florida · 1868
  3. Seebor v. HessNew York Court of Chancery · 1835
  4. Gamble v. CampbellSupreme Court of Florida · 1855
  5. Schermehorn v. L'EspEnassESupreme Court of the United States · 1796

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Godwin v. PhiferSupreme Court of Florida · 1906
  2. Rorick v. StilwellSupreme Court of Florida · 1931
  3. Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911
  4. First National Bank v. Board of Public InstructionSupreme Court of Florida · 1927
  5. Pedrick v. VidalSupreme Court of Florida · 1928

2 more not listed; retrieve them via the Exa API.

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