Peacock v. Feaster
Supreme Court of Florida
This case was decided by the Court En Banc. Appeal from the Circuit Court for Marion County. STATEMENT. The appellants as complainants below filed the following bill in equity in the Circuit Court of Marion county against the appellees as defendant below, to-wit: “J. B. Peacock & O. EL Hargraves, bring this tbeir bill of complaint against Sue D. Feaster, W. D. Bobbitt, ánd Lewis Horne, K. W. Horne and J. B. Norman, Jr., as partners under the firm name of L. Horne & Co., of…
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This case was decided by the Court En Banc. Appeal from the Circuit Court for Marion County. STATEMENT. The appellants as complainants below filed the following bill in equity in the Circuit Court of Marion county against the appellees as defendant below, to-wit: “J. B. Peacock & O. EL Hargraves, bring this tbeir bill of complaint against Sue D. Feaster, W. D. Bobbitt, ánd Lewis Horne, K. W. Horne and J. B. Norman, Jr., as partners under the firm name of L. Horne & Co., of Marion county, Florida. And thereupon your orators complain and say: 1. That on the 28th day of October, A. D. 1897, one…
1Opinion of the CourtTaylor, J.
(after stating the facts) : The following principles of law are involved in this case and are well settled by the authorities: Where a party goes into chancery after a trial at law he must be able to impeach the justice and equity of the verdict, and it must be upon grounds which either could not be made available to him at law,.or which he was prevented from setting up by fraud, accident, or the wrongful act of the other party, without any negligence or other fault on his part.
A court of equity will not, on the application of the de-. fendant in a judgment at law, who has had a fair…
2Cases cited8 opinions
- Sauls v. FreemanSupreme Court of Florida · 1888
- Savage v. . AllenNew York Court of Appeals · 1873
- Cohen v. L'EngleSupreme Court of Florida · 1888
- Thornton v. EppesSupreme Court of Florida · 1856
- Byrne v. BrownSupreme Court of Florida · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Brown v. BrownDistrict Court of Appeal of Florida · 1983
- Black v. Skinner Manufacturing Co.Supreme Court of Florida · 1907
- Knabb v. DunerSupreme Court of Florida · 1940
- Sparks v. EwingSupreme Court of Florida · 1935
- Levy v. Gourmet Masters, Inc.District Court of Appeal of Florida · 1968
17 more not listed; retrieve them via the Exa API.