Futch v. Adams

Citations

• 47 Fla. 257

Syllabus

<p>1. An appeal from interlocutory decrees, some of which were entered more than six months prior to the entry of appeal, will entitle the appellant to have reviewed the propriety of the decrees entered within six months prior to the entry of appeal, but not those entered more than six months prior to the entry of appeal.</p> <p>2. A demurrer to the whole bill should be overruled, if the bill makes any case for equitable relief.</p> <p>3. The office of a proviso is to restrain the enacting clause; to except something which would otherwise be within it or in some manner to modify it; and where it follows and restricts an enacting clause general in its scope and language, it is to be construed strictly and limited to objects fairly within its- terms.</p> <p>4. The proviso in section 2, chap. 4955, act approved May 30th, 1901, has reference to contracts made with lessees, tenants or operators for the erection or repair of buildings, mills, distilleries and manufactories leased or otherwise controlled by them, and not to contracts made with the owner of the property or to 'contracts for labor or material made with one who contracts with the owner to erect or repair the building, mill, distillery or manufactory.</p> <p>5. The liens given by section 1, chap. 4955, act approved May 30th, 1901, may be enforced by bill in equity under sections 1510-1744, Rev. Stats. 1892, as the summary remedy provided by the statute giving the liens is not exclusive.</p>