Howard v. Pensacola & Atlantic Railroad
Supreme Court of Florida
Appeal from the Circuit Court fbr Gadsden county. Judge Broome, of the Seventh Circuit, sat in the place of Chief-Justice Maxwell, who was disqualified.
Read the full summary
Appeal from the Circuit Court fbr Gadsden county. Judge Broome, of the Seventh Circuit, sat in the place of Chief-Justice Maxwell, who was disqualified. On July 25, 1881, John T. Howard (one of the appellants) and John C. Walker entered into a written agreement with the Pensacola and Atlantic Railroad Company, of which agreement the following are provisions material to the case under consideration : 1. Howard & Walker agreed to execute, perform and complete in a skillful, substantial and workman-like manner, with all requisite labor, tools and machinery, and with proper and sufficient…
1Opinion of the CourtJustice Raney
I. The complainants, having amended their bill in the manner shown by the record, after the ruling of the Chan•eeller holding the plea to be sufficient, and the defendant 'having pleaded to the bill as amended and filed an answer in support thereof, it is not necessary for us to pass upon .such ruling, nor would it serve any beneficial purpose in so far as this litigation . is concerned. The case as made by the bill and plea prior to the amendment was abandoned by making the amendment. By amending the complainants have waived the right to insist upon our reviewing *579the ruling in question, and…
2Cases cited16 opinions
- Kihlberg v. United StatesSupreme Court of the United States · 1878
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- Sweeney v. United StatesSupreme Court of the United States · 1884
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hanover Fire Insurance v. B. C. Lewis & SonsSupreme Court of Florida · 1891
- Pinney v. PinneySupreme Court of Florida · 1903
- Deans v. WilcoxonSupreme Court of Florida · 1889
- State Farm Fire and Cas. Co. v. RayDistrict Court of Appeal of Florida · 1990
- McClinton v. ChapinSupreme Court of Florida · 1907
12 more not listed; retrieve them via the Exa API.