Budd v. Gamble
Supreme Court of Florida
This is an appeal in Chancery from the Circuit Court for Jefferson county. Robert Gamble, appellee, filed his bill in equity in the Circuit Court of Jefferson county, in January, 1868, against the appellant, alleging that a judgment rendered against him on the 26th September, 1812, in the county court of that county, was revived by scire facias in the Circuit Court in May, 1867, and an execution had been issued thereon, and a levy made upon his property and certain funds…
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This is an appeal in Chancery from the Circuit Court for Jefferson county. Robert Gamble, appellee, filed his bill in equity in the Circuit Court of Jefferson county, in January, 1868, against the appellant, alleging that a judgment rendered against him on the 26th September, 1812, in the county court of that county, was revived by scire facias in the Circuit Court in May, 1867, and an execution had been issued thereon, and a levy made upon his property and certain funds attached by garnishment. The original judgment was rendered for $113.90 and costs. The complainant alleges in the bill that…
1Opinion of the CourtRare All, C. J.
It is a fundamental maxim in courts of equity as well as of law, that no proof can he admitted of any matter which is not noticed in the pleadings; and also that the complainant must state' a case in his bill which entitles him to relief, or he can have no decree in his favor. He' must introduce into his bill every material fact which he intends to prove. Daniel’s Ch. Pl. and Pr., 850. And it is said farther*, “ with respect to claiming the same benefit by answers that the defendant would be entitled to, if he had demurred to the bill, or pleaded the matter alleged in his answer in bar, it is…
2Cases cited1 opinion
- St. Andrews Bay Land Co. v. CampbellSupreme Court of Florida · 1854
3Cited by8 opinions
- Brandt v. LittleWashington Supreme Court · 1907
- St. Lucie Estates Inc. v. Palm Beach Plumbing Supply Co.Supreme Court of Florida · 1930
- McRainey v. JarrellSupreme Court of Florida · 1910
- Haddock v. WrightSupreme Court of Florida · 1889
- Bussell v. McCordSupreme Court of Florida · 1945
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