JEWELL P. WELLS, ET AL, APPELLANTS,
v.
CHARLES B. WILLIAMS, ET AL, APPELLEES
Per Curiam.
An amended bill of complaint filed herein seeks to have-a trust decreed in real estate and partition thereof made.- A -general demurrer to the amended bill of complaint was sustained and by the order the bill stood dismissed upon failure of complainant to amend within the stated time. Complainants appealed. Without stating .the numerous allegations or discussing the law applicable to the points made by the demurrer, it is sufficient to say that under the allegations an equity for substantial relief may be shown by appropriate and sufficient evidence; therefore, the demurrer to the bill of complaint should have been overruled. See Florida East Coast Ry. Co. v. City of Miami, 79 Fla. 539, 86 South. Rep. 208.
Reversed for further proceedings.
All concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Schmidt v. Maude C. Kibben and Edward Kibben, 100 Fla. 1684 (Fla. 1931)…er the allegations of the bill of complaint, an equity for substantial relief may be shown by appropriate and sufficient evidence, it is error to sustain a general demurrer to the bill. Edmons v. Gracy, 61 Fla. 593, 54 So. R. 899; Wells v. Williams, 80 Fla. 498, 86 So. R. 336; Battey v. Bettey, 92 Fla. 512, 109 So. R. 584; Hall v. Forman, 94 Fla. 682, 114 So. R. 560; Boone v. Gay, 84 Fla. 589, 94 So. R. 501; Leavine v. Belt Automobile Indemnity Ass’n, 88 Fla. 553, 102 So. R. 768; Walker v. Close, 98 Fla. 1…
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Leavine v. The Belt Auto. Indem. Ass'n, 88 Fla. 553 (Fla. 1925)…set out at length the allegations of the bill. The rule is that if there is any ground for equitable relief stated in the bill, a general demurrer to the bill will be overruled. Weathers v. Tyler, 86 Fla. 181, 97 South. Rep. 311; Wells v. Williams, 80 Fla. 498, 86 South. Rep. 336; Shone v. Bellmore, 75 Fla. 515, 78 South. Rep. 605; City of West Palm Beach v. Ryder, 73 Fla. 558, 74 South. Rep. 603; Mitchell v. Mason, 65 Fla. 208, 61 South. Rep. 579. The bill in this case is not so lacking in equity as to…
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Boone v. Gay, 84 Fla. 589 (Fla. 1922)…a bill of complaint. As the allegations of the bill of complaint afford a sufficient predicate for substantial relief if sustained by appropriate and sufficient evidence, the demurrer to the whole bill should have been overruled. Wells v. Williams, 80 Fla. 498, 86 South. [*590] Rep. 336; Florida East Coast Ry. Co. v. City of Miami, 80 Fla. 329, 86 South. Rep. 208. See also Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Peterson v. Oscar Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Catts v.…
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- City of Miami v. Fla. E. Coast Ry. Co., 79 Fla. 539 (Fla. 1920)