Thomas v. Sheppard-Notter Co.

Supreme Court of Florida

Thomas v. Sheppard-Notter Co.

163 So. 524, 121 Fla. 191, 1935 Fla. LEXIS 1540

Supreme Court of Florida·Decided October 11, 1935·Published

Opinion

Per Curiam.

The appeal brings for review order overruling motion to dismiss bill of complaint, the purpose of which was to foreclose on an alleged mortgage indebtedness.

While a motion for compulsory amendment and for bill of particulars' might have been warranted by reason of some indefiniteness in the allegation of the bill, it appears that the bill of complaint is not entirely without equity and, therefore, the order of the Chancellor must be affirmed.

It is so ordered.

Affirmed.

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

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Per Curiam.

The appeal brings for review order overruling motion to dismiss bill of complaint, the purpose of which was to foreclose on an alleged mortgage indebtedness.

While a motion for compulsory amendment and for bill of particulars' might have been warranted by reason of some indefiniteness in the allegation of the bill, it appears that the bill of complaint is not entirely without equity and, therefore, the order of the Chancellor must be affirmed.

It is so ordered.

Affirmed.

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

Thomas v. Sheppard-Notter Co., 163 So. 524, 121 Fla. 191, 1935 Fla. LEXIS 1540 (Fla. 1935).

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