Judges: PER CURIAM. —
Attorneys: Edwards Marchant and Eldridge Cutts, of Lakeland, for Appellant;
Bryant Trantham, for Appellees.
Filed: Dec. 21, 1931
Latest Update: Mar. 02, 2020
Summary: Appellant, M. Roth, brought his bill of complaint against O. C. Bowman and W. E. Bowman to stay the levy of an execution upon judgment rendered against Roth in favor of O. C. Bowman. It is alleged that O. C. Bowman resides beyond the State of Florida and that W. E. Bowman is insolvent. The bill further alleges that O. C. Bowman and W. E. Bowman are jointly indebted to the complainant in a large sum of money for rents due under a certain lease, and complainant seeks an equitable set-off or to hav
Summary: Appellant, M. Roth, brought his bill of complaint against O. C. Bowman and W. E. Bowman to stay the levy of an execution upon judgment rendered against Roth in favor of O. C. Bowman. It is alleged that O. C. Bowman resides beyond the State of Florida and that W. E. Bowman is insolvent. The bill further alleges that O. C. Bowman and W. E. Bowman are jointly indebted to the complainant in a large sum of money for rents due under a certain lease, and complainant seeks an equitable set-off or to have..
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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 (Extra Sess.) adopted by the court as its opinion, it is considered, ordered and decreed by the court that the order of the court below in sustaining the plea of O. C. Bowman to the bill of complaint herein be, and the same is hereby reversed, and this cause remanded for further proceedings not inconsistent herewith.
BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL, BROWN AND DAVIS, J.J., concur.
