Macfarlane v. Hills

Citations

• 50 Fla. 566

Syllabus

<p>1. In a proceeding in chancery for tbe foreclosure of a mortgage where several parties are named as defendants, and some of them have not been served with process and have not appeared, and the ease was not dismissed as to them, and where no replication has been filed to the answers of two of the defendants, the chancellor commits no error in refusing to finally hear the case on the motion of one of the parties defendant; hut a subsequent order referring ■the case to a Master to take testimony, in that condition of the pleadings, is erroneous.</p> <p>2. The practice stated where the complainant neglects or refuses to take proper steps to bring the cause to issue.</p> <p>S. Rules 85 and 86 of the Circuit Court in suits in equity do not control the procedure in a case where the issues are not made up as to all the defendants who are alleged to be interested in the matters which are litigated.</p>