Morgan v. Jones

Citations

• 52 Fla. 543

Syllabus

<p>1. - When a bill in chancery is filed for the removal of clouds from the title, to which a demurrer is interposed and the court makes an order sustaining the demurrer and dissolving a restraining order previously granted, and makes a further order upon a petition for rehearing of complainant, in which it is recited that such petition was denied on the ground that the complainant by his bill shows that he is not entitled to the relief sought by reason of defects in his title, the bill was properly dismissed.</p> <p>2. When a petition of complainant for rehearing has been filed and denied by the court and the bill dismissed, it is error for the court to amend the decree dismissing the bill, upon the application of complainant, by making such dismissal “without prejudice to the complainant to institute such further or other actions in the premises as he may be advised,” especially after the court has already found that the title of complainant was fatally defective.</p> <p>3. A petition to amend a final decree, filed after a petition for rehearing has already been filed and denied, should be denied, when such petition is in effect á petition for rehearing and is not filed within the time prescribed by Equity Rule 90 and there has not been a compliance with the requirements of such rule and of Section 1452 of the Revised Statutes of 1892.</p> <p>4. Errors urged upon appeal in a chancery case by the appellee cannot be considered by this court unless the appellee has filed cross-assignment of errors, as required by Special Rule 4, adopted March 2, 1905.</p>