Coker v. Dawkins
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. This was a proceeding commenced by D. C. Dawkins in the Circuit Court for Jackson county by petition, which was treated by the parties as a complaint under the Code. The original petition appears to have been filed in November, 1869, and was lost, and in November, 1871, a copy was filed under which the subsequent proceedings were had.
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Appeal from the Circuit Court for Jackson county. This was a proceeding commenced by D. C. Dawkins in the Circuit Court for Jackson county by petition, which was treated by the parties as a complaint under the Code. The original petition appears to have been filed in November, 1869, and was lost, and in November, 1871, a copy was filed under which the subsequent proceedings were had. The petition is as follows : Your petitioner, DeWitt C. Dawkins, of the county of Duval and State of Florida, respectfully showeth unto your Honor that he is and was prior to the first Monday in March, A. D.…
1Opinion of the Court
The Chief Justice delivered the opinion of the court.
The appellant assigns for error the finding of the court, that, petitioner had, before judgment was recovered by Mrs. Pittman, paid her or her agent forty dollars, in consideration of which she agreed to dismiss the suit she had commenced against him, and that for her omission to dismiss the suit and taking judgment, the execution was illegal and void.
• Assuming that the facts alleged in the petition are material in this proceeding against the purchaser to set aside the sale and the deed, and the material facts being at issue b}7 the…
2Cases cited4 opinions
- Benton v. ShreeveIndiana Supreme Court · 1853
- Roe ex dem. Weirick v. RossIndiana Supreme Court · 1850
- Givan v. DoeIndiana Supreme Court · 1840
- Van Bergen v. Van BergenNew York Court of Chancery · 1816
3Cited by7 opinions
- Brown v. BonougliTexas Supreme Court · 1921
- Pitchfork Ranch Co. v. Bar TlWyoming Supreme Court · 1980
- City of Sanford v. AshtonSupreme Court of Florida · 1938
- Crosby v. BannowskyTexas Supreme Court · 1901
- Wells Fargo Credit Corp. v. MartinDistrict Court of Appeal of Florida · 1992
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