Spencer v. Spencer
Supreme Court of Florida
This case was decided by Division A. Appealed from the Circuit Court for Duval County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
This appeal is from an order extending the time for taking testimony on a cross bill, the original bill in the cause having been dismissed on motion of the complainant. It is urged that there was error in extending the time for taking testimony because the dismissal of the original bill carried with it the cross bill. This contention is not tenable because the cross bill is not merely defensive in its character, but it alleges new matter relating in part at least to the same subject matter, and asks affirmative relief thereon; therefore the dismissal of the original bill does not of itself…
2Cases cited2 opinions
- Price v. StrattonSupreme Court of Florida · 1903
- Ballard v. KennedySupreme Court of Florida · 1894
3Cited by3 opinions
- Spencer v. SpencerSupreme Court of Florida · 1911
- Dougherty v. Commercial Court Holding Co.Supreme Court of Florida · 1932
- Royal Indemnity Co. v. Board of Bond TrusteesSupreme Court of Florida · 1933