J. J. DINKINS, APPELLANT,
v.
MARTHA HANNAH WHITESIDE, SOLE DEVISEE AND LEGATEE UNDER THE LAST WILL AND TESTAMENT OF E. WHITESIDE, APPELLEE

Fla. | 1922-07-03
Taylor, Whitfield, Ellis and West, J. J., concur., Browne, C. J., not participating.
84 Fla. 81 Florida Supreme Court (1922) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam

Per Curiam

An amended bill of complaint herein brought to have a judgment canceled and to enjoin its enforcement on the ground, among others, that the debt, for which the judgment was rendered had been paid, was held insufficient on a general demurrer, and complainant appealed. As the allegations of the bill of complaint that are admitted by the demurrer do ,not wholly fail to state a case for equitable relief the demurrer thereto should have been overruled. Wells v. Williams, 80 Fla. 498, 86 South. Rep. 336; Florida East Coast Ry. Co. v. City of Miami, 80 Fla. 329, 86 South. Rep. 208.

Reversed.

Taylor, Whitfield, Ellis and West, J. J., concur. Browne, C. J., not participating.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Casper Howarth v. City of DeLand, 117 Fla. 692 (Fla. 1934)
    …they stand. On the contrary, there was sufficient clearness, definiteness and certainty in their allegations to enable them to withstand the demurrers interposed. See Metcalf Co. v. Orange County, 56 Fla. 829, 47 Sou. Rep. 363; Dinkins v. Whiteside, 84 Fla. 81, 92 Sou. Rep. 688; Toomer v. Chancey, 92 Fla. 458, 109 Sou. Rep. 641; City of West Palm Beach v. Ryder, 73 Fla. 558, 74 Sou. Rep. 603, and Phifer v. Abbott, 73 Fla. 402, 74 Sou. Rep. 488. The remaining question presented in the question as to wheth…
  • Oakland Props. Corp. v. Hogan, 96 Fla. 52 (Fla. 1928)

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