Judges: PER CURIAM. —
Attorneys: W. T. Hendry and H. D. Wentworth, for Appellant;
John S. Edwards, for Appellee.
Filed: Mar. 04, 1930
Latest Update: Mar. 02, 2020
Summary: On May 22, 1922, appellant, complainant below, filed its bill in the Circuit Court of Polk County in chancery against appellees, alleging that for a long time prior to August 10, 1921, defendant J. Ham Kirkland was indebted to complainant in a large sum of money evidenced by *Page 429 promissory note therefor; that on August 10, 1921, complainant filed suit at law against said J. Ham Kirkland to recover judgment upon said note; that J. Ham Kirkland was served with process and defaulted upon the
Summary: On May 22, 1922, appellant, complainant below, filed its bill in the Circuit Court of Polk County in chancery against appellees, alleging that for a long time prior to August 10, 1921, defendant J. Ham Kirkland was indebted to complainant in a large sum of money evidenced by *Page 429 promissory note therefor; that on August 10, 1921, complainant filed suit at law against said J. Ham Kirkland to recover judgment upon said note; that J. Ham Kirkland was served with process and defaulted upon the r..
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The record in this cause having been considered by the Court upon the rehearing granted, 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 original judgment of this Court affirming the judgment of the court below be and the same is hereby vacated, and that the judgment of the court below be and the same is hereby reversed and the cause remanded for further appropriate proceedings.
TERRELL, C. J., AND WHITFIELD, ELLIS AND STRUM, J. J., concur.
BROWN AND BUFORD, J. J. dissent.
