Brock v. Doyle

Citations

• 18 Fla. 172

Syllabus

<p>1. A State Court is not bound to surrender its jurisdiction upon a petition for removal to the courts of the United States until a petition is filed, which, upon its face, shows the right of the petitioner to the transfer. In such petition it is not enough to allege that the petitioners were resident in another State. They must allege that they were citizens.</p> <p>2. In a suit for partition, under the statute, process should be served upon a minor defendant before a guardian ad litem is appointed.</p> <p>3. In partition it is not essential that the shares assigned to the several parties should be exactly equal, as the parties who receive more than their share of the estate may be required to make a pecuniary compensation to those who receive less.</p>