J. O. CALLAHAN
v.
ALLAPATTAH BUILDING & LOAN ASSOCIATION

Fla. | 1934-05-16
114 Fla. 868 Florida Supreme Court (1934) Positive Treatment
Also reported at: 154 So. 848
Cited by 9 cases

Opinion of the Court
Per Curiam.

Per Curiam.

— In an action for malicious prosecution of a civil suit, there was judgment for the defendant on demurrer to the decalaration. Plaintiff took writ of error. The declaration does not state a cause of action as against the demurrer, therefore the judgment for the defendant on the demurrer was proper.

Affirmed.

Davis, C. J., and Whitfield, Ellis, Teeeell and Bufoed, J. J., concur.


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Cited By

  • …the statute authorizing such course. In such case such holder may only recover decree for the amount of the certificate, penalties and cost and such other items • reimbursement of which is allowed by statute. See Boles v. Dade County Croppers, Inc., 114 Fla. 868, 154 Sou. 848. In such suits defendant-owner is entitled to have tax deed canceled on payment of the amount due under items allowed by statute and the complainant will be deemed to have waived such lien as he might have been in position to claim in…
  • Gertrude All Douglass v. Tax Equities, 144 Fla. 791 (Fla. 1940)
    …er 14572). authorizing such course. In such case, such holder may only recover decree for the amount of the certificate, penalties, and cost, and such other items reimbursement of which is allowed by statute. See Bolles v. Dade County Croppers, Inc. 114 Fla. 868, 154 So. 848.” By its conduct in attempting to re-foreclose the said tax deed against the defendant, not made a part}'- to the prior foreclosure, plaintiff reaffirmed its original intention of treating the tax deed as the evidence of the lien of th…
  • Phillips v. The Sec. Inv. Corp., 117 Fla. 254 (Fla. 1934)
    …as prematurely brought. The Chancellor below rejected the proposed defense. It was conceded in the oral argument on behalf of appellants that unless, this Court shall overrule its recent decision in the case of Bolles v. Dade County Croppers, Inc., 114 Fla. 868, 154 Sou. Rep. 848, the appellants’ appeal must fail on the authority of that case alone. We are accordingly asked to overrule that decision, and to now hold under Chapter 15033, Acts 1931, the limitation on foreclosure of tax liens on homesteads pr…

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