Legal Opinion

Thomas v. Martin Ex Rel. Thomas

Supreme Court of Florida

Decided July 8, 1930PublishedCited by 12 opinions

1Opinion of the Court

In the caption of the declaration in this case it appears that "John W. Martin, Governor of the State of Florida, for the use and benefit of Irene C. Thomas," is plaintiff and that Clyde O. Thomas and B. Thomas are defendants. The word "plaintiff" is used several times in the body of the declaration, but in no place, other than in the caption, is it made to appear who is plaintiff.

The basis of the action is a bond given by Clyde O. Thomas as principal, and B. Thomas as surety, the condition of which is that "if the said Clyde O. Thomas, defendant, shall not depart from the State of Florida…

2Cases cited5 opinions

  1. Robinson v. Springfield Co.Supreme Court of Florida · 1885
  2. Hamburg v. Liverpool & London & Globe InsuranceSupreme Court of Florida · 1900
  3. Peninsular Naval Stores Co. v. MathersSupreme Court of Florida · 1928
  4. Kendig v. GilesSupreme Court of Florida · 1860
  5. Sammis v. Wightman ex rel. MarcherSupreme Court of Florida · 1893

3Cited by12 opinions

  1. Kumar Corp. v. Nopal Lines, Ltd.District Court of Appeal of Florida · 1985
  2. Green v. PetersDistrict Court of Appeal of Florida · 1962
  3. American Surety Co. v. GedneySupreme Court of Florida · 1936
  4. Ding v. JonesDistrict Court of Appeal of Florida · 1996
  5. Kizar v. WittenbergDistrict Court of Appeal of Florida · 1981

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