Cox v. Rieck and Fleece, Inc., (1937)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: BUFORD, J.
Attorneys: Lee L. Baker Ray E. Ulmer, for Appellant;
Allen C. Grazier and Charles F. Preece, for Appellee.
Filed: Nov. 06, 1937
Latest Update: Mar. 02, 2020
Summary: The appeal brings for review order denying motion to dismiss bill of complaint which was filed to enforce an alleged materialman's lien upon the separate statutory property of a married woman. There is one assignment of error, as follows: "The court erred in overruling and denying the `motion to dismiss' incorporated in answer of Irving E. Cox to complainant's *Page 874 Amended Bill of Complaint, and especially ground or subsection (d) of said motion in that the entire cause of this action is pr
Summary: The appeal brings for review order denying motion to dismiss bill of complaint which was filed to enforce an alleged materialman's lien upon the separate statutory property of a married woman. There is one assignment of error, as follows: "The court erred in overruling and denying the `motion to dismiss' incorporated in answer of Irving E. Cox to complainant's *Page 874 Amended Bill of Complaint, and especially ground or subsection (d) of said motion in that the entire cause of this action is pre..
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All that is required under our decisions is that the notice should "substantially comply" with the Statute. The objections here made are, it strikes me, highly technical. Mrs. Cox could not possibly have been misled. "To Grace Adelle Cox, joined by her husband, Irving E. Cox, owner," to my mind indicates that Grace Adelle Cox was the owner, or that possibly she and her husband were joint owners.
Source: CourtListener
