Supreme Court of Florida, 1918

Johnston v. Smith

Supreme Court of Florida · Decided November 19, 1918 · Browne, Ellis, Taylor, West, Whitfield

76 Fla. 474; 80 So. 184

Cases that cite this one

1 later published case cites this decision.

Leslie Bros. v. Roope Roope (Fla. 1933)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Whitfield, J.

An action at law with ancillary attachment brought against Johnston, Trustee, resulted in a judgment for the plaintiffs, and the trustee took writ of error. Where it is sought to subject trust property to the payment of debts chargeable against it, the pro*475ceeding should be in equity and not by action at law.and attachment.

Reversed.

Browne, C. J., and Taylor,, Ellis and West, J. J., concur.

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