HARRYY L. RICE, APPELLANT,
v.
MARY A. CLEM, AMANDA C. ROHR, MARY J. SEWELL AND O. MINTA BROWN, APPELLEES

Fla. | 1903-01-01
45 Fla. 550 Florida Supreme Court (1903) Positive Treatment
Cited by 2 cases

Opinion of the Court
Hooker, J.

Hooker, J.

The facts in this case are substantially the same as those in the case of H. A. Moore against the same appellees decided at this term, and the decree appealed from, dated November 21st, 1899, is to the same effect, and the assignment of errors are the same as in-that case. It is, therefore, ordered, adjudged and decreed,- that for the reasons stated in the said case of-H. A. Moore v. Mary A. Clem, at al., the final decree appealed from dated November 21st, 1899, is reversed at the cost of appellees, and the cause remanded for further proceedings in accordance with law.


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  • Edgar v. Maude Milling Bacon, 97 Fla. 679 (Fla. 1929)
    …grounds should be interposed before judgment, otherwise it is deemed to be waived, especially where no prejudice could arise to the defendant from the alleged misjoinder. See the authorities just cited; also Silver Springs, etc., R. Co. v. Van Ness, 45 Fla. 550, 34 So. R. 884, and 15 Encyc. Pldg. and Prac., 527 et seq., 539, 761-762. As it is more nearly in harmony with the prior decisions of this Court in relation to joint judgments against joint defendants in actions ex contractu, we are inclined to agre…

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