Lathers Land Co. v. New York Life Insurance

Supreme Court of Florida

Lathers Land Co. v. New York Life Insurance

155 So. 723, 115 Fla. 639

CourtSupreme Court of Florida

DecidedJune 26, 1934

StatusPublished

Cited by1 cases

This text of 155 So. 723 (Lathers Land Co. v. New York Life Insurance) 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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Lathers Land Co. v. New York Life Insurance, 155 So. 723, 115 Fla. 639 (Fla. 1934).

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Opinion

Per Curiam.

This is an appeal from two interlocutory orders entered in a mortgage foreclosure case wherein the appellant who was defendant below,, contends that the chancellor should have sustained a motion to dismiss tJie *640 bill and should have denied the appointment of a receiver for the mortgaged apartments.

The motion to dismiss was properly denied, because there was undeniably equity in the bill as a whole, and a general demurrer to it under the old practice would have been overruled, even in the face of the technical objections urged in •the motion to dismiss.

The order appointing a receiver should be affirmed on the authority of Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987, 128 Sou. Rep. 241.

Affirmed.

Davis, C. J., and Whitfield, Terrell and Buford, J! J., concur.

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