E. B. Elliott Co. v. Elliott

This is our second consideration of this case. See Elliott v. E. B. Elliott Co., et al., 127 Fla. 158, 172 So. 686. The trans'cript in the latter appeal is made part of the record in the instant appeal which is from a decree enlarging the time for taking testimony and denying a motion for final decree on the pleadings.

Was the Chancellor guilty of an abuse of discretion in so decreeing? This is the sole question with which we are concerned here.

Equity Rule 71 which was incorporated in Section 46 of the 1931 Chancery Act provides that three months and no more, shall be allowed for the taking of…