Long v. Anderson
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Marion county. Statement. The transcript of the record in this case is rather voluminous, and, in view of the conclusion which we have reached, we see no useful purpose to be accomplished in setting forth the pleadings and proceedings in detail, so shall refer to only such portions thereof as may seem necessary for a proper understanding of the opinion.
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This case was decided by Division B. Appeal from the Circuit Court for Marion county. Statement. The transcript of the record in this case is rather voluminous, and, in view of the conclusion which we have reached, we see no useful purpose to be accomplished in setting forth the pleadings and proceedings in detail, so shall refer to only such portions thereof as may seem necessary for a proper understanding of the opinion. On the 19th day of September, 1900, the appellee filed his bill in chancery in the Circuit Court for Marion county, against Henry W. Long, E. C. McLeod, William E. Allen,…
1Opinion of the CourtShackleford, J.
(after stating the facts). — The first error assigned is that “the court erred in allowing the complainant to amend his bill on April 2nd, A. D. 1902, after the said bill had been dismissed, and had stood dismissed since October 16th, 1900.”
In considering this assignment the first point presented for determination is whether or not the bill of complaint was ever dismissed as to the Board of County Commissioners. In other words, does the mere filing of a praecipe for dismissal by the complainant, after the filing of an answer by the defendant, without any action or order thereon by the court,…
2Cases cited19 opinions
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- Blair v. ReadingIllinois Supreme Court · 1881
- Cummins v. BennettNew York Court of Chancery · 1840
- Kahn v. WeinlanderSupreme Court of Florida · 1897
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3Cited by15 opinions
- Florida Land Rock Phosphate Co. v. AndersonSupreme Court of Florida · 1905
- Viser v. WillardSupreme Court of Florida · 1910
- McMillan v. WarrenSupreme Court of Florida · 1910
- Snell v. RichardsonSupreme Court of Florida · 1914
- Meffert v. ThomasSupreme Court of Florida · 1906
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