Hover v. Hover
Circuit Court of the 14th Judicial Circuit of Florida, Bay County
Motion to dissolve injunction on bill and answer. The hill is filed for divorce on the ground of extreme cruelty, and asks for alimony.
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Motion to dissolve injunction on bill and answer. The hill is filed for divorce on the ground of extreme cruelty, and asks for alimony. It charges collusion between defendants, to defeat complainant’s application for alimony, by suppressing an unrecorded deed made heretofore by Lodowick 'to the other defendant, who is complainant’s husband, of land worth $1,600, and by holding out and pretending that Lodowick is the owner of certain specified personal property, which is alleged to belong to John "W. Hover. The bill alleges that John was the owner of a certain grey mare, which complainant took…
1Opinion of the Court
By the Court,
Sutherland, J.
It was contended on the argument that the answer denied the form but not the substance of the allegation in the bill. Some of the denials appeared to me at the time to be liable to that charge, but a closer reading has satisfied me that such portions of the answer had that appearance by inadvertence of the pleader; that there was no attempt to. gain the advantage of a denial by a negative pregnant. The denials fully cover the averments on which a divorce is asked.
It was principally objected to the answer that the jurat did -not show that defendants swore positively…
2Cases cited10 opinions
- United States v. City Bank of ColumbusSupreme Court of the United States · 1859
- Mowhawk Bank v. R. & P. AtwaterNew York Court of Chancery · 1830
- Goldsmith v. GoldsmithMichigan Supreme Court · 1859
- Osgood v. OsgoodNew York Court of Chancery · 1831
- People v. GallagherMichigan Supreme Court · 1856
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