Legal Opinion · Dissent

Carter v. Lisle

Supreme Court of Florida

Decided April 26, 1937Published

1DissentEllis, C. J.

(dissenting). — I think the decree should be reversed, not because the Chancellor entertained the petition to dissolve the attachment and the traverse by which the facts alleged in the. affidavit were denied — both peti tion and traverse may be treated as a motion to dissolve the statutory chancery writ duly addressed to the Chancellor, see Alford v. Leonard, 88 Fla. 532, 102 South. Rep. 885; Tilghman v. U. S. Fidelity & Guaranty Co., 90 Fla. 282, 105 South. Rep. 823 — -but the decree should be reversed because the Chancellor put the burden of sustaining the attachment on the complainant,…

2Cases cited2 opinions

  1. Alford v. LeonardSupreme Court of Florida · 1925
  2. Tilghman v. United States Fidelity & Guaranty Co.Supreme Court of Florida · 1925

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