Smith v. Croom
Supreme Court of Florida
The Appellee, by his counsel, W. Gr. M. Davis, presents hereby a petition that a re-hearing be had of this cause. The petitioner asks for a re-hearing on the following grounds: First.
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The Appellee, by his counsel, W. Gr. M. Davis, presents hereby a petition that a re-hearing be had of this cause. The petitioner asks for a re-hearing on the following grounds: First. That the evidence of the witnesses by whom the fact of the survivorship was sought to be proven, was too contradictory to be relied on in so grave a case, and that the contradictions were such as could only be reconciled upon the idea that the witnesses spoke, of a person whom they assumed to hare been Mr. Groom, as they place the man testified about in places and under circumstances wholly different and…
1Opinion of the CourtDuPont, J.
This is an application on the part of the appellees for a re-hearing of the above stated cause, which was decided at the present term. The petition sets forth two grounds as the prominent basis of the application : First, that the Court erred in deciding upon the survivorship of William Henry, the son of Hardy B. Croom, for the reason that that point had not been passed upon by the Chancellor who pronounced the decree, and for the further reason that the conflict of evidence upon the fact, made it a case peculiarly appropriate for the decision of a jury. Secondly, that the Court erred in…
2Cases cited1 opinion
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
3Cited by29 opinions
- McGregor v. Provident Trust Co.Supreme Court of Florida · 1935
- Reynolds v. Lloyd Cotton MillsSupreme Court of North Carolina · 1919
- Hoopes v. CraneSupreme Court of Florida · 1908
- Hayes v. HayesIllinois Supreme Court · 1874
- Berg v. New York Life Insurance CompanySupreme Court of Florida · 1956
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