Taylor v. Mathews
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Polk County. STATEMENT. On the 24th day of January, 1906, Thomas G. Taylor, appellant, filed his bill in the circuit court -of Polk county against George H. B. Mathews and Martha J. Mathews, his wife, appellees, wherein, after the introductory part, he alleged: “That for many years last passed your orator with his family, consisting of his wife and -children, has been a resident of Osceola county,…
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This case was decided by Division B. Appeal from the Circuit Court for Polk County. STATEMENT. On the 24th day of January, 1906, Thomas G. Taylor, appellant, filed his bill in the circuit court -of Polk county against George H. B. Mathews and Martha J. Mathews, his wife, appellees, wherein, after the introductory part, he alleged: “That for many years last passed your orator with his family, consisting of his wife and -children, has been a resident of Osceola county, Florida, -and so remained until the happening of the events hereinafter set forth; that on the 28th day of September, 1905, the…
1Opinion of the CourtHockbr, J.
(after stating the facts) : The errors assigned are:
1. The court erred in sustaining tile joint demurrer of the defendants to the bill.
2. The court erred in dismissing the bill.
The first contention made is, we think, as a general rule, sustained by the authorities. Where a demurrer to a bill offered by two' defendants is joint and several it may be good as to one, and bad as to the other, but where the demurrer is joint it must, be good as to each of them, or it will be bad as to each. Dzialynski v. Bank of Jacksonville, 23 Fla. 346, 2 South. Rep. 696; 1 Daniel’s Ch. Pl. & Pr. (6th ed.) 584,…
2Cases cited13 opinions
- Shouse v. DoaneSupreme Court of Florida · 1897
- Coles v. PeckIndiana Supreme Court · 1884
- Richmond v. RobinsonMichigan Supreme Court · 1864
- Gordon v. ClarkeSupreme Court of Florida · 1860
- Dzialynski v. Bank of JacksonvilleSupreme Court of Florida · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Florence Lustig Crossman, A/K/A Florence Lustig, Trading and Doing Business as Florence Lustig v. Fontainebleau Hotel Corp.Court of Appeals for the Fifth Circuit · 1959
- Sisco v. RotenbergSupreme Court of Florida · 1958
- Rundel v. GordonSupreme Court of Florida · 1927
- Martin v. AlbeeSupreme Court of Florida · 1927
- McCrory Stores Corp. v. TunnicliffeSupreme Court of Florida · 1932
21 more not listed; retrieve them via the Exa API.