Epping, Bellas & Co. v. Robinson
Supreme Court of Florida
This is an action upon a bond given by one Hirschfelder .as principal, and Robinson as surety, under the following ■circumstances: Plaintiffs commenced an action at law .against Hirschfelder, to recover an alleged indebtedness. .Hirschfelder then filed his bill in equity, praying an aecounting between the parties, and obtained a decree that the suit at law be stayed upon his giving a bond with security, conditioned that Hirschfelder pay whatever amount might be decreed to be…
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This is an action upon a bond given by one Hirschfelder .as principal, and Robinson as surety, under the following ■circumstances: Plaintiffs commenced an action at law .against Hirschfelder, to recover an alleged indebtedness. .Hirschfelder then filed his bill in equity, praying an aecounting between the parties, and obtained a decree that the suit at law be stayed upon his giving a bond with security, conditioned that Hirschfelder pay whatever amount might be decreed to be due from him to plaintiffs. The bond was executed with Robinson as surety. Pending the accounting Hirschfelder died and…
1Opinion of the Court
The Ohiee-Justice
delivered the opinion of the court.
It was said in Emerson vs. Ross, 17 Fla., 122, 127, that the Probate Judge had a general and exclusive cognizance of the matter of granting letters of administration. That the only facts necessary to give the Probate Court jurisdiction were the death of the intestate and possession at the *47time of his death of any goods, chattels or lands in any -county in this State. . And that the grant of letters in that county carries the right to execute the trust until it is vacated or set aside by some direct proceeding. The court looked into the…
2Cases cited19 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Comstock v. CrawfordSupreme Court of the United States · 1866
- Dequindre v. WilliamsIndiana Supreme Court · 1869
14 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Cunnius v. Reading School DistrictSupreme Court of the United States · 1905
- Bronk v. StateSupreme Court of Florida · 1901
- Johnson v. McKinnonSupreme Court of Florida · 1907
- State Ex Rel. Everette v. PettewaySupreme Court of Florida · 1938
- Sloan v. SloanSupreme Court of Florida · 1889
21 more not listed; retrieve them via the Exa API.