Merchants Mechanics Bank v. Sample, (1929)
Court: Supreme Court of Florida
Number:
Visitors: 18
Judges: PER CURIAM. —
Attorneys: Cole Dyer, for Appellants;
H. S. Phillips and Robert T. Dewell, for Appellee.
Filed: Oct. 23, 1929
Latest Update: Mar. 02, 2020
Summary: N. A. Perry was the holder of a note which was the joint and several obligation of Frank Bryson and J. W. Sample. The note was originally for the sum of $8300.00. After part payment Perry brought suit in the Civil Court of Record of Hillsborough County, Florida, against Frank Bryson and J. W. Sample jointly for the unpaid balance of the obligation. Declaration was filed October 4th, 1926. Both defendants appeared by counsel on November 1st, 1926. Sample filed a plea of payment December 6th, 1926
Summary: N. A. Perry was the holder of a note which was the joint and several obligation of Frank Bryson and J. W. Sample. The note was originally for the sum of $8300.00. After part payment Perry brought suit in the Civil Court of Record of Hillsborough County, Florida, against Frank Bryson and J. W. Sample jointly for the unpaid balance of the obligation. Declaration was filed October 4th, 1926. Both defendants appeared by counsel on November 1st, 1926. Sample filed a plea of payment December 6th, 1926...
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Upon further consideration I am inclined to the opinion that the court's jurisdiction was exhausted by the rendition of the first judgment, and the expiration of the term of rendition without further action; and that the second judgment rendered at a subsequent term was therefore void, and subject to the attack made; and hence rehearing should be allowed.
Source: CourtListener
