Herndon v. Hurter
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. Appellees moved to dismiss the appeal on the ground that this court has no jurisdiction to entertain the same. 'The facts of the case are as follows: William Hurter & Co. filed their bill against the Michigan Lumber Company to foreclose a mortgage, which, with the notes it was given to secure, they held by transfer from Paran Moody, the original mortgagee.
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Appeal from the Circuit Court for Duval county. Appellees moved to dismiss the appeal on the ground that this court has no jurisdiction to entertain the same. 'The facts of the case are as follows: William Hurter & Co. filed their bill against the Michigan Lumber Company to foreclose a mortgage, which, with the notes it was given to secure, they held by transfer from Paran Moody, the original mortgagee. The mortgage was dated October 6, A. D. 1876, was upon mill property, machinery and tools and some land of the Michigan Lumber Company. The bill was filed on the 18th of May, A. D. 1877. On…
1Opinion of the Court · WestcottJustice Westcott
This is an appeal by a receiver from an order made in reference to his compensation, and the motion now made is to dismiss the appeal for want of jurisdiction.
In the case of L’Engle vs. The Florida Central Railroad Company et al., 14 Fla., 266, this court held that a motion to vacate an order appointing a receiver was one in which he was entitled to no hearing, and that from the order made upon such motion he could not appeal.^ We there remai’ked : “ When his accounts come up for adjustment his relations will be different. He will then be a party in interest and may be heard, and it will be…
Also in this document: Opinion of the Court · Westcott.
2Cases cited3 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- French v. GiffordSupreme Court of Iowa · 1871
- L'Engle v. Florida Central RailroadSupreme Court of Florida · 1873
3Cited by2 opinions
- McAnrow v. MartinIllinois Supreme Court · 1899
- Jackson v. Wade Manufacturing Co.Supreme Court of Florida · 1932