Bean Et Vir. v. First Natl. Bank of Clearwater

Supreme Court of Florida

Bean Et Vir. v. First Natl. Bank of Clearwater

135 So. 803, 102 Fla. 367

CourtSupreme Court of Florida

DecidedJuly 7, 1931

StatusPublished

Cited by3 cases

This text of 135 So. 803 (Bean Et Vir. v. First Natl. Bank of Clearwater) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bean Et Vir. v. First Natl. Bank of Clearwater, 135 So. 803, 102 Fla. 367 (Fla. 1931).

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Opinions

Buford, C.J.

— Appellee was complainant in the court below, filing a creditor’s bill against the appellants seeking to cancel certain conveyances made by the appellants as it was alleged in the bill of complaint, in fraud of creditors. Prior to the institution of this suit complainants as plaintiffs in a law action had instituted a suit by attachment against the defendant George W. Bean, a non-resident, and in the attachment had procured personal service on the said George W. Bean in Washington, D. C. The attachment suit resulted in judgment prior to the entry of final decree in this suit against Bean in the sum of $4,131.76 and costs. The judgment was a judgment of court entered on a jury verdict and was in the following language:

"It is therefore, considered, ordered, adjudged and decreed that the plaintiff, The First National Bank of Clearwater, a corporation, do have and recover out of the lands of the defendant G. W. Bean herein so attached as aforesaid, the sum of $4131.76 as its damages by it sustained for Principal, Interest and Attorneys’ fees, together with the further sum of $13.30 as its costs in and about this suit expended, for which let execution *369 issue specially against the lands of the defendant herein so attached as aforesaid, and to said plaintiff rendered. ’ ’

The judgment appears by the record submitted to have been properly and lawfully entered in due course and was not such a judgment as was before this Court in the case of Cornwell vs. Williford, 73 Fla. 305, 73 Sou. 595, in which case final judgment was attempted to have been entered by the Clerk on a default entered by the Clerk.

The record discloses ample substantial evidence to sustain the final decree.

The office and application of the creditor’s bill was clearly stated by Mr. Justice Davis in the opinion of this Court in the case of B. L. E. Realty Corporation vs. Mary Williams Co., Inc., filed at this term of the Court and upon authority of the opinion in that ease and the eases therein cited, and for the reasons heretofore stated, the decree appealed from should be affirmed and it is so ordered.

Affirmed.

Wíhtfpíld, and Terrell, J.J., concur. Davis, J., concurs specially. Ellis and Brown, J.J., dissent.

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Buford, C.J.

— Appellee was complainant in the court below, filing a creditor’s bill against the appellants seeking to cancel certain conveyances made by the appellants as it was alleged in the bill of complaint, in fraud of creditors. Prior to the institution of this suit complainants as plaintiffs in a law action had instituted a suit by attachment against the defendant George W. Bean, a non-resident, and in the attachment had procured personal service on the said George W. Bean in Washington, D. C. The attachment suit resulted in judgment prior to the entry of final decree in this suit against Bean in the sum of $4,131.76 and costs. The judgment was a judgment of court entered on a jury verdict and was in the following language:

"It is therefore, considered, ordered, adjudged and decreed that the plaintiff, The First National Bank of Clearwater, a corporation, do have and recover out of the lands of the defendant G. W. Bean herein so attached as aforesaid, the sum of $4131.76 as its damages by it sustained for Principal, Interest and Attorneys’ fees, together with the further sum of $13.30 as its costs in and about this suit expended, for which let execution *369 issue specially against the lands of the defendant herein so attached as aforesaid, and to said plaintiff rendered. ’ ’

The judgment appears by the record submitted to have been properly and lawfully entered in due course and was not such a judgment as was before this Court in the case of Cornwell vs. Williford, 73 Fla. 305, 73 Sou. 595, in which case final judgment was attempted to have been entered by the Clerk on a default entered by the Clerk.

The record discloses ample substantial evidence to sustain the final decree.

The office and application of the creditor’s bill was clearly stated by Mr. Justice Davis in the opinion of this Court in the case of B. L. E. Realty Corporation vs. Mary Williams Co., Inc., filed at this term of the Court and upon authority of the opinion in that ease and the eases therein cited, and for the reasons heretofore stated, the decree appealed from should be affirmed and it is so ordered.

Affirmed.

Wíhtfpíld, and Terrell, J.J., concur. Davis, J., concurs specially. Ellis and Brown, J.J., dissent.

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135 So. 803, 102 Fla. 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bean-et-vir-v-first-natl-bank-of-clearwater-fla-1931.

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