Hargis v. Campbell
Supreme Court of Florida
This is an appeal from the Circuit Court of Escambia county, First Judicial Circuit. Harry C. Campbell, sheriff of Escambia county, and ex-officio administrator of Lewis Starling, deceased, Sues Eobert B. S. Hargis at law, the foundation of liis action being a promissory note of Hargis, payable to Starling. After the institution of this suit, Hargis files a bill against Campbell as administrator of Starling. The bill sets up— First.
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This is an appeal from the Circuit Court of Escambia county, First Judicial Circuit. Harry C. Campbell, sheriff of Escambia county, and ex-officio administrator of Lewis Starling, deceased, Sues Eobert B. S. Hargis at law, the foundation of liis action being a promissory note of Hargis, payable to Starling. After the institution of this suit, Hargis files a bill against Campbell as administrator of Starling. The bill sets up— First. A co-partnership indebtedness of Starling to Hargis. Second. An individual and separate indebtedness o.f Star-Sing to Hargis. Third,. Insolvency of Starling’s…
1Opinion of the CourtWestcott, J.
It might be urged that a joinder in this case, of matters growing out of a partnership with other and different matters, such as private accounts between the parties unconnected with the partnership, was an improper joinder of th© subject-matter of the suit, and this was our first impression here. Under the peculiar facts of this case, however, such an objection could not be sustained, because for each subject matter of the suit the plaintiff has a remedy in equity, and the decree following the equities embraced in each subject-matter, is precisely the same, viz : a decree establishing the…
2Cited by4 opinions
- Murrell v. PetersonSupreme Court of Florida · 1909
- Griffin v. Societe Anonyme la FloridienneSupreme Court of Florida · 1907
- Davis v. DyerSupreme Court of New Hampshire · 1882
- Crosby v. AndrewsSupreme Court of Florida · 1911