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Westervelt v. Istokpoga Con. Sub-Drain. Dist., (1946)

Court: Supreme Court of Florida Number:  Visitors: 3
Judges: PER CURIAM:
Attorneys: Lewis E. Purvis and J. Lewis Hall, for petitioner. Mabry, Reaves, Carlton, Anderson Fields, for respondents.
Filed: May 28, 1946
Latest Update: Mar. 02, 2020
Summary: The questions involved in this controversy are presented to us by petition for certiorari to review the ruling of the chancellor that certain parts of the answer withstood a motion to strike them. The suit was brought by appellant, under authority of Section 25 of Chapter 14736, Laws of Florida, Acts of 1931, to foreclose liens of the appellee-sub-drainage district on certain lands, he being the owner of nearly $200,000 worth of its obligations and the district having failed to bring suit to col
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A rehearing having been granted in this cause and the case having been further considered upon the record and upon the briefs and argument of counsel for the respective parties; it is thereupon ordered and adjudged by the Court that the judgment of this court filed herein on May 28, 1946 holding that paragraph 1-A to 10-A (except 6-A which seems to have been omitted) of the Answer should have been stricken, and granting petition for writ for certiorari and quashing the order of the chancellor denying motion to strike them, be and it is hereby reaffirmed and adhered to on rehearing.

CHAPMAN, C. J., TERRELL, BROWN, BUFORD and THOMAS, JJ., and BARNS, Associate Justice, concur.

ADAMS, J., not participating.

Source:  CourtListener

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