Robinson v. Epping, Bellas & Co.
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. Judge Finley, of the Fifth Circuit, sat in place of the Chief-Justice, who was disqualified. This case was before this court on an appeal taken by Epping, Bellas & Co., and an opinion was rendered at the June term, 1884. holding the first plea to be good and the second to be insufficient and reversing the judgment of the Circuit Court.
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Appeal from the Circuit Court for Escambia county. Judge Finley, of the Fifth Circuit, sat in place of the Chief-Justice, who was disqualified. This case was before this court on an appeal taken by Epping, Bellas & Co., and an opinion was rendered at the June term, 1884. holding the first plea to be good and the second to be insufficient and reversing the judgment of the Circuit Court. See Epping, Bellas & Co. vs. Robinson, 21 Fla., 36. Upon the remanding of the cause the Circuit Court made an order giving leave to the parties to amend their pleadings. The first plea, which as stated was held…
1Opinion of the CourtJustice Raney
I. Pursuing the order of argument adopted by the counsel for appellant we consider first the ruling sustaining the demurrer to the 4th plea.
This case is an action of debt by appellees upon a bond made September 22, 1877, by Hirschfelder as principal, and appellant and another as sureties. The condition of *250the bond is set out in totidem verbis in the declaration, end is that “ whereas in an action brought in the Circuit Court of Escambia count, Florida, sitting in chancery, by the above bounden Y. S. Hirschfelder, against the said Epping, Bellas & Barrs, late copartners as aforesaid, to enjoin…
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- Epping, Bellas & Co. v. RobinsonSupreme Court of Florida · 1884
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