Dinkins v. Whiteside

Supreme Court of Florida
Dinkins v. Whiteside, 84 Fla. 81 (Fla. 1922)
92 So. 688
Browne, Ellis, Taylor, West, Whitfield

Dinkins v. Whiteside

Opinion of the Court

Per Curiam

An amended bill of complaint herein brought to have a judgment canceled and to enjoin its enforcement on the ground, among others, that the debt, for which the judgment was rendered had been paid, was held insufficient on a general demurrer, and complainant appealed.

*82As the allegations of the bill of complaint that are admitted by the demurrer do ,not wholly fail to state a case for equitable relief the demurrer thereto should have been overruled. Wells v. Williams, 80 Fla. 498, 86 South. Rep. 336; Florida East Coast Ry. Co. v. City of Miami, 80 Fla. 329, 86 South. Rep. 208.

Reversed.

Taylor, Whitfield, Ellis and West, J. J., concur. Browne, C. J., not participating.

Reference

Full Case Name
J. J. Dinkins v. Martha Hannah Whiteside, Sole and Legatee Under the Last Will and Testament of E. Whiteside
Cited By
2 cases
Status
Published