Johnston v. Smith

Supreme Court of Florida

Johnston v. Smith

80 So. 184, 76 Fla. 474

CourtSupreme Court of Florida

DecidedNovember 19, 1918

StatusPublished

Cited by1 cases

This text of 80 So. 184 (Johnston v. Smith) 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.

Bluebook

Johnston v. Smith, 80 So. 184, 76 Fla. 474 (Fla. 1918).

Pincite

Opinion

Whitfield, J.

An action at law with ancillary attachment brought against Johnston, Trustee, resulted in a judgment for the plaintiffs, and the trustee took writ of error. Where it is sought to subject trust property to the payment of debts chargeable against it, the pro[475]*475ceeding should be in equity and not by action at law.and attachment.

Reversed.

Browne, C. J., and Taylor,, Ellis and West, J. J., concur.

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Whitfield, J.

An action at law with ancillary attachment brought against Johnston, Trustee, resulted in a judgment for the plaintiffs, and the trustee took writ of error. Where it is sought to subject trust property to the payment of debts chargeable against it, the pro[475]*475ceeding should be in equity and not by action at law.and attachment.

Reversed.

Browne, C. J., and Taylor,, Ellis and West, J. J., concur.

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Bluebook (online)

80 So. 184, 76 Fla. 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-v-smith-fla-1918.

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