Legal Opinion · Dissent

Home Building & Loan Co. v. Rivers

Supreme Court of Florida

Decided July 5, 1933Published

1Dissent

Ellis, J.,

Disssenting. — Chapter 14658 Laws of Florida, 1931, commonly known as the 1931 Chancery Act, was designed to expedite chancery procedure, not to set up new standards in pleading by which clearness, distinctness or conciseness of allegation and averment may be measured.

The purpose of all pleading, whether at law or in chancery, is to present clearly, distinctly and concisely an issue of fact material and necessary to the judgment or decree to be rendered. The chancery act, supra, was designed to be a step in the direction of reaching that goal. It was never intended by the framers of…

2Cases cited3 opinions

  1. Citizens State Bank v. JonesSupreme Court of Florida · 1930
  2. Hemphill Et Ux. v. NelsonSupreme Court of Florida · 1928
  3. Edason v. Central Farmers' Trust Co.Supreme Court of Florida · 1930

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