Solary v. Webster
Supreme Court of Florida
Appeal from the Circuit Court for Duval «countv. STATEMENT. Appellee instituted suit in 1887 against appellant and Thomas N. Anderson on the following bond, mz: “Know all men by these presents that we, Thomas N. Anderson, principal, and Antonio Solary, surety, are held and firmly bound unto Nathaniel Webster in the .sum of one thousand dollars, for the payment of which we bind ourselves, our heirs, executors and administrators firmly by these presents.
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Appeal from the Circuit Court for Duval «countv. STATEMENT. Appellee instituted suit in 1887 against appellant and Thomas N. Anderson on the following bond, mz: “Know all men by these presents that we, Thomas N. Anderson, principal, and Antonio Solary, surety, are held and firmly bound unto Nathaniel Webster in the .sum of one thousand dollars, for the payment of which we bind ourselves, our heirs, executors and administrators firmly by these presents. Signed and sealed at Jacksonville, Florida, this 17th day of March, A. D. 1886/ The condition of the above obligation is such, that whereas,…
1Opinion of the Court
Mabry, C. J.:
An unsuccessful effort was made to dismiss this appeal for the reasons stated in the opinion in the case of Anderson vs. Webster, 30 Fla. 220, 11 South. Rep. 546. The case has now been reached for final determination, and it is insisted for appellant that the de murrer to the several counts of the declaration should, have been sustained. The demurrer to the common counts was properly overruled.
The grounds of demurrer to the first and second counts of the declaration, and insisted on here, are in substance the same, uiz: that each count is bad in sub*370stance and in law, and contains…
2Cases cited14 opinions
- Towner v. Lucas' ex'orSupreme Court of Virginia · 1857
- Chace v. HinmanNew York Supreme Court · 1832
- Haworth v. NorrisSupreme Court of Florida · 1891
- Harrell v. DurranceSupreme Court of Florida · 1861
- Jenkins v. LykesSupreme Court of Florida · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- L'Engle v. Scottish Union & National Fire InsuranceSupreme Court of Florida · 1904
- Gato v. WarringtonSupreme Court of Florida · 1896
- Schmitt v. BetheaSupreme Court of Florida · 1919
- de Bartlett v. de WilsonSupreme Court of Florida · 1906
- Hooker v. ForresterSupreme Court of Florida · 1907
6 more not listed; retrieve them via the Exa API.