DREW LUMBER COMPANY ET AL., APPELLANTS,
v.
ROBERT R. SIZER, APPELLEE
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The Florida Supreme Court affirmed a lower court's decision to overrule demurrers to a stockholder's bill of complaint, finding that the admitted allegations entitled the complainant to relief.
Yes, the demurrers were properly overruled because the admitted allegations in the bill of complaint, if not met by further proceedings, would entitle the complainant to relief.
“A Ijill was filed by Sizer, a stockholder in the Drew Lumber Company, against the company and others, some of whom are alleged to have been stockholder's and officers of the company, and others who are alleged to have had' dealings with the company and its officers under such circumstances as violate the rights of complainant and entitle him to an accounting and to other appropriate relief involving large interests and rights in lands and other property.”
Describes the initial filing and the nature of the complaint.
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Join FLexlaw to unlock all legal intelligenceA stockholder filed a bill of complaint against the Drew Lumber Company and others, alleging violations of his rights and seeking an accounting and ot…
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Per Curiam.
A Ijill was filed by Sizer, a stockholder in the Drew Lumber Company, against the company and others, some of whom are alleged to have been stockholder's and officers of the company, and others who are alleged to have had' dealings with the company and its officers under such circumstances as violate the rights of complainant and entitle him to an accounting and to other appropriate relief involving large interests and rights in lands and other property.
Two separate demurrers to the bill of complaint were overruled, and from such orders an appeal was taken. On the allegations admitted by the demurrers the complainant would be entitled to relief if such allegations are not met and controverted by due course of procedure. At this stage of the cause a detailed discussion of the voluminous allegations and of the grounds of the demurrers addressed thereto will not be undertaken, since the admitted allegations and the prayers for relief will be a sufficient guide to the chancellor in applying appropriate legal principles. unless further proceedings require the consideration of other matters that affect the equities, in which ease discussions on this interlocutory appeal may be ultimately of little value in the final disposition of the cause.
Order affirmed.
Browne, C. J., and Taylor, Whitfield, Ellis and West, J. J., concur.