Judges: PER CURIAM. —
Attorneys: L. L. Campbell and Zack H. Douglas, for Plaintiffs in Error;
S. L. Scruggs, for Defendants in Error.
Filed: Jul. 08, 1930
Latest Update: Mar. 02, 2020
Summary: In the caption of the declaration in this case it appears that "John W. Martin, Governor of the State of Florida, for the use and benefit of Irene C. Thomas," is plaintiff and that Clyde O. Thomas and B. Thomas are defendants. The word "plaintiff" is used several times in the body of the declaration, but in no place, other than in the caption, is it made to appear who is plaintiff. The basis of the action is a bond given by Clyde O. Thomas as principal, and B. Thomas as surety, the condition of
Summary: In the caption of the declaration in this case it appears that "John W. Martin, Governor of the State of Florida, for the use and benefit of Irene C. Thomas," is plaintiff and that Clyde O. Thomas and B. Thomas are defendants. The word "plaintiff" is used several times in the body of the declaration, but in no place, other than in the caption, is it made to appear who is plaintiff. The basis of the action is a bond given by Clyde O. Thomas as principal, and B. Thomas as surety, the condition of w..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the Court below should be, and the same is hereby, reversed and the cause remanded for further proceedings.
TERRELL, C. J., AND WHITFIELD, ELLIS, STRUM, BROWN AND BUFORD, J. J., concur.
