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Crichlow v. Equitable Life Assurance Society

Supreme Court of Florida, Division A
Dec 22, 1931
138 So. 481 (Fla. 1931)

Opinion

Opinion filed December 22, 1931.

An appeal from the Circuit Court for Manatee County; W. T. Harrison, Judge.

Motion to dismiss denied and order from which appeal is taken affirmed.

W. B. Shelby Crichlow, for Appellants;

John B. Singletary, for Appellee.


The appeal in this case is from an order overruling a demurrer to bill of complaint, the purpose of which bill was to foreclose a mortgage. There was a motion to dismiss the appeal for several reasons. To determine the merits of that ground of the motion which alleges,

"It is apparent upon the face of the record that said appeal is taken against good faith and merely for delay, contrary to the provisions of section 2920 Revised General Statutes of Florida",

it is necessary for us to consider the bill of complaint and the questions raised by the demurrer. Upon consideration of these questions it is apparent that the demurrer was without merit and was properly overruled.

The motion to dismiss is denied and the order from which the appeal is taken is affirmed, with leave to the chancellor to amend said order so as to allow the defendants in the court below to plead to or answer the complainant's bill within such reasonable time as the chancellor may fix.

BUFORD, C.J., AND ELLIS AND BROWN, J.J., concur.

WHITFIELD, P.J., AND TERRELL AND DAVIS, J.J., concur in the opinion and judgment.


Summaries of

Crichlow v. Equitable Life Assurance Society

Supreme Court of Florida, Division A
Dec 22, 1931
138 So. 481 (Fla. 1931)
Case details for

Crichlow v. Equitable Life Assurance Society

Case Details

Full title:W. B. SHELBY CRICHLOW and LILLIAN C. CRICHLOW, his wife, MARY B. ANDREW…

Court:Supreme Court of Florida, Division A

Date published: Dec 22, 1931

Citations

138 So. 481 (Fla. 1931)
138 So. 481

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