Farber v. Perry
Supreme Court of Florida
Farber v. Perry, 192 So. 794 (Fla. 1939)
141 Fla. 111
Terrell, Buford, Ti-Iomas, Chapman, Wi-Iitfield, Brown, Compiled, Laws, Rules
Farber v. Perry
Opinion of the Court
This is the second appearance of this case in this Court. See Perry v. Farber, 115 Fla. 410, 155 Sou. 839.
AVe perceive no useful purpose that may be served by writing and promulgating an opinion dealing with the law as applicable to the facts in this case. The result of the litigation must depend upon the sufficiency of the evidence to *112 support the decree of the chancellor. The pertinent part of the decree is:
“(b) It further appearing unto this court that the plaintiff has failed to meet the burden of proof in regard to the $4,200.00 item claimed in the bill of complaint, which burden of proof this court is of the opinion rests upon the plaintiff:
“It Is Thereupon Considered, Ordered and Decreed That the portion of the bill of complaint as pertains to the $4,200.00 item be and the same is herein and hereby dismissed at the cost of the plaintiff, and it appearing to the court that all of the testimony taken in this cause was taken with reference to the $4,200.00 item.”
The decree finds ample support in the record and is affirmed.
So ordered.
Reference
- Full Case Name
- C. M. Farber and Lodie M. Farber, as Executrix and Heir of the Estate of Julius E. Farber, v. Margaret S. Perry, a Widow, Personally; And Margaret S. Perry, as Administratrix Cum Testamento Annexo De Bonis Non of the Estate of Lina Starke
- Status
- Published