Sammis v. Wightman ex rel. Marcher
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. STATEMENT. The introductory part of the bill, omitting the address, is as follows : “ James S. Wiglitman, * * suing for the use of James Marcher and Lucetta Marcher, * * who exhibits this, his bill for himself as aforesaid, and for all others in like situation who maj come in as parties complainant, and bear his or their proportion of the cost and expense hereof, brings this his bill of complaint against Egbert C. Sammis, as…
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Appeal from the Circuit Court for Duval county. STATEMENT. The introductory part of the bill, omitting the address, is as follows : “ James S. Wiglitman, * * suing for the use of James Marcher and Lucetta Marcher, * * who exhibits this, his bill for himself as aforesaid, and for all others in like situation who maj come in as parties complainant, and bear his or their proportion of the cost and expense hereof, brings this his bill of complaint against Egbert C. Sammis, as administrator of the estate of John S. Sammis, and said Egbert C. Sammis as an individual. * * Humbly complaining your…
1Opinion of the Court
RaxeyJ 0. J.:
The second of the grounds of demurrer, involving as it does, the question of parties, must be disposed of primarily.
The bill shows that the judgment at law obtained in New York bjr Wightman against John S. Sammis, the intestate, was transferred to James and Lucetta Marcher before the action at law was brought on it in Florida. The assignment was without the reservation of any interest in the assignor; it is absolute and unconditional. Lynchburg Iron Co. vs. Taylor, 79 Va., 671, 674; Omohundro vs. Henson, 26 Gratt., 511. The action at law in Florida is also one in which James and…
2Cases cited14 opinions
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Bailey v. IngleeNew York Court of Chancery · 1830
- Dixon v. BuellIllinois Supreme Court · 1859
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Hooker v. GallagherSupreme Court of Florida · 1855
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Idaho Trust & Savings Bank, Ltd. v. RidenbaughIdaho Supreme Court · 1916