Florida Southern Railroad v. Hill
Supreme Court of Florida
Appeal from the Circuit Court for Polk County. Statement. On November 23, 1893, appellees filed their bill of complaint against appellant in the Circuit Court of Polk County, alleging that appellees, complainants therein, were the owners in fee simple of forty acres of land therein described. as being within the corporate limits of the town of.
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Appeal from the Circuit Court for Polk County. Statement. On November 23, 1893, appellees filed their bill of complaint against appellant in the Circuit Court of Polk County, alleging that appellees, complainants therein, were the owners in fee simple of forty acres of land therein described. as being within the corporate limits of the town of. Bartow,, in said county; that the land was of great value to complainants for various purposes; that about eight years prior to the filing- of the bill the Florida Southern Railway Company, a corporation then doing business in Polk county, unlawfully…
1Opinion of the Court
Carter, J.:
1. We discover no error in overruling the first, second and fifth grounds of the demurrer. Indeed the appellant’s counsel have not argued them in their brief, and, under our uniform rulings, they are for that reason to be treated as abandoned.
It is not suggested in what respect the prayer of the bill is inconsistent with its allegations; nor do we *7perceive that it is so. The prayer is in the alternative, it is true, but that fact does not make it inconsistent, either in itself or with the allegations of the bill. It is entirely proper in all cases where the pleader is in doubt as…
2Cases cited16 opinions
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- McAulay v. Western Vermont RailroadSupreme Court of Vermont · 1860
- Morgan v. MasonOhio Supreme Court · 1851
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3Cited by18 opinions
- Downing v. BirdSupreme Court of Florida · 1958
- Murrell v. PetersonSupreme Court of Florida · 1909
- Vincent v. HinesSupreme Court of Florida · 1920
- Whispell Foreign Cars, Inc. v. United StatesUnited States Court of Federal Claims · 2011
- Tampa & Gulf Coast Railroad v. MulhernSupreme Court of Florida · 1917
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