Thompkins v. Thompkins, (1927)
Court: Supreme Court of Florida
Number:
Visitors: 22
Judges: BUFORD, J. —
Attorneys: W. S. Broome, for Appellant;
Zack H. Douglas, for Appellee.
Filed: Apr. 14, 1927
Latest Update: Mar. 02, 2020
Summary: In this case appellee filed bill for divorce against the appellant in which he sought not only to dissolve the bonds of matrimony but to have declared a resulting trust in himself the title to certain property, the legal *Page 845 title to which was in the respondent. A decree pro confesso was entered and afterwards a Master was appointed. Testimony was taken and final decree was entered, as follows: "This cause coming on to be heard before me upon the bill of complaint and the testimony, and th
Summary: In this case appellee filed bill for divorce against the appellant in which he sought not only to dissolve the bonds of matrimony but to have declared a resulting trust in himself the title to certain property, the legal *Page 845 title to which was in the respondent. A decree pro confesso was entered and afterwards a Master was appointed. Testimony was taken and final decree was entered, as follows: "This cause coming on to be heard before me upon the bill of complaint and the testimony, and the..
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There may be cases where, both parties being present and proceeding with the taking of testimony before the Special Master without objection to the failure to record the order until after the testimony had been completed, both parties would be held to have estopped themselves from raising the objection. But I hardly think this doctrine could be applicable here; especially in view of the fact that it is a divorce proceeding. I therefore concur in the strict application of the law on that point, as well as in the remainder of the opinion.
Source: CourtListener
