SIMON F. WILLIAMS AND MARY S. WILLIAMS, HIS WIFE, APPELLANTS,
v.
JOSEPH R. DUNN, AS RECEIVER OF THE PEOPLES BANK OF JACKSONVILLE, A CORPORATION, APPELLEE

Fla. | 1931-05-27
Buford, C.J., and Ellis and'Brown, J.J., concur., Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.
101 Fla. 652 Florida Supreme Court (1931) Positive Treatment
Cited by 2 cases

Opinion of the Court
Per Curiam.

Per Curiam.

The appeal in this case is from an order granting a motion to strike a part of paragraph 1 and all of paragraph 4 of an answer attempting to set up an affirmative defense to an amended bill to foreclose a mortgage.

The order appealed from should be affirmed on authority of the opinion in the case of Ray vs. Williams, 55 Fla. 723, 46 Sou. 158; Busch vs. Baker, 79 Fla. 113, 83 Sou. 704; and Davis Mercantile Co. vs. Gillette, 82 Fla. 340, 90 Sou. 189, and it is so ordered.

Affirmed.

Buford, C.J., and Ellis and'Brown, J.J., concur.

Whitfield, P.J., and Terrell and Davis, J.J., concur in the opinion and judgment.


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  • Williams v. Dunn, 105 Fla. 327 (Fla. 1932)
    …Per Curiam. An interlocutory order herein, striking a portion of the answer in a mortgage foreclosure, was affirmed on appeal. Williams v. Dunn, 101 Fla. 652, 135 So. 139. On appeal from a final decree for complainant, errors were assigned on (1) the overruling of objections to the rendering of the final decree on grounds that the case was not set down for hearing by entry in the chancery order book and…

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