Town of Lake Hamilton v. Hughes

Supreme Court of Florida

Town of Lake Hamilton v. Hughes

18 So. 2d 23, 154 Fla. 468, 1944 Fla. LEXIS 734

DecidedMay 16, 1944

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This text of 18 So. 2d 23 (Town of Lake Hamilton v. Hughes) 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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Town of Lake Hamilton v. Hughes, 18 So. 2d 23, 154 Fla. 468, 1944 Fla. LEXIS 734 (Fla. 1944).

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PER CURIAM:

The bill of complaint in this case was inartifically drawn, and it occurs to us that had an attack been made upon it by a motion to dismiss, the movant would probably have prevailed. We have thé view that the answer, too, was subject to some criticism for the same reasons. Wherefore, we believe that the answer was sufficient in the light of the apparent deficiencies of the bill. Therefore, certiorari is granted and the order sustaining the motion to strike parts of'the answer is quashed.

BUFORD, C. J., and ADAMS, J., concur specially. TERRELL, BROWN, THOMAS and SEBRING, JJ., concur. CHAPMAN, J.j dissents.

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PER CURIAM:

The bill of complaint in this case was inartifically drawn, and it occurs to us that had an attack been made upon it by a motion to dismiss, the movant would probably have prevailed. We have thé view that the answer, too, was subject to some criticism for the same reasons. Wherefore, we believe that the answer was sufficient in the light of the apparent deficiencies of the bill. Therefore, certiorari is granted and the order sustaining the motion to strike parts of'the answer is quashed.

BUFORD, C. J., and ADAMS, J., concur specially. TERRELL, BROWN, THOMAS and SEBRING, JJ., concur. CHAPMAN, J.j dissents.

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18 So. 2d 23, 154 Fla. 468, 1944 Fla. LEXIS 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-lake-hamilton-v-hughes-fla-1944.

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