Legal Opinion
State Ex Rel. Moore v. Gillian
Supreme Court of Florida
Decided February 9, 1940PublishedCited by 9 opinions
1Opinion of the CourtBuford, J.
On certiorari granted under Rule 34 we review order denying motion to dismiss amended bill of complaint and overruling demurrer to amended bill of complaint.
The bill is not without equity. Motion to dismiss takes the place of demurrers as they were used prior to the 1931 Chancery Practice Act.
The bill of complaint is not to be measured by the prayer.
“It would seem that no objection to the prayers of the bill can be raised by motion to dismiss because if the bill states a case entitling the plaintiff to any relief under any special prayer or under the implied prayer for general relief, it will…
2Cases cited9 opinions
- Hewitt Hewitt v. Punta Gorda State BankSupreme Court of Florida · 1933
- City of Olando v. Equitable Building & Loan Ass'nSupreme Court of Florida · 1903
- Phifer v. AbbottSupreme Court of Florida · 1917
- Florida Southern Railroad v. HillSupreme Court of Florida · 1898
- Brokaw v. McDougallSupreme Court of Florida · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Beck v. Associates Discount Corp.Nebraska Supreme Court · 1956
- State Ex Rel. Boykin v. Ball Investment Co.Supreme Court of Georgia · 1940
- State Ex Rel. Burgum v. HookerNorth Dakota Supreme Court · 1957
- Larson v. State Ex Rel. PattersonSupreme Court of Alabama · 1957
- State Ex Rel. Embry v. BynumSupreme Court of Alabama · 1942
4 more not listed; retrieve them via the Exa API.