McCoy v. Boley
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. The appellant, in April, 1884, filed his bill of complaint, alleging that on January 7,1884, “ C. H. LaCoste and R. A. Terry, copartners in the business of operating a saw mill, the entire machinery of which the said LaCoste claimed to have purchased from the manufacturers,of Cincinnati, Ohio, known as the Blymer Manufacturing Company, and alleged the same to be free from incumbrances, which said saw mill the said C. H.…
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Appeal from the Circuit Court for Escambia county. The appellant, in April, 1884, filed his bill of complaint, alleging that on January 7,1884, “ C. H. LaCoste and R. A. Terry, copartners in the business of operating a saw mill, the entire machinery of which the said LaCoste claimed to have purchased from the manufacturers,of Cincinnati, Ohio, known as the Blymer Manufacturing Company, and alleged the same to be free from incumbrances, which said saw mill the said C. H. LaCoste and R. A. Terry were operating under the firm or copartnership' name of LaCoste & Terry, in the county of Escambia,…
1Opinion of the CourtJustice Raney
I. The first objection urged to the bill of complaint, in the appellee’s brief, is that his name is not stated in the introductory part of the bill, as a defendant, and that therefore, the bill is demurrable. Equity Eule 17 requires that the names and places of abode of all parties be stated in the introductory part of the bill. A failure to so state the name is a ground of special demurrer, and the objection cannot he made under the general demurrer filed in this cause, nor urged in the appellate court in the absence of anything in the record, showing that it was insisted upon in the lower…
2Cases cited6 opinions
- Le Roy v. PlattNew York Court of Chancery · 1833
- Thompson v. MaxwellSupreme Court of Florida · 1878
- Sanders v. PepoonSupreme Court of Florida · 1852
- Martin v. NobleIndiana Supreme Court · 1867
- Bowen v. WoodIndiana Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- International Kaolin Co. v. VauseSupreme Court of Florida · 1908
- Investment Co. v. Trueman ex rel. StringfellowSupreme Court of Florida · 1912
- Edwards v. ThomSupreme Court of Florida · 1889
- Federal Land Bank of Columbia v. DekleSupreme Court of Florida · 1933
- A. Einstein's Sons v. ShouseSupreme Court of Florida · 1888
6 more not listed; retrieve them via the Exa API.