Myers v. Julian
Citations
- 57 Fla. 493
Syllabus
<p>Equity Practice — Setting Cause Down for Hearing on Bill anr Answer — Service of Notice.</p> <p>1. Where there is an answer to a bill in equity denying all of the material allegations of the bill, and after the filing of such answer the complainant takes no steps for six months or more towards taking testimony to sustain his bill, it is the right of the defendant, after the time for taking testimony has elapsed, to set the cause down for hearing on bill and answer, and upon notice being given for the final hearing on such bill and answer, it is proper for the court, in such a case, to enter a decree dismissing the bill, where no satisfactory excuse is shown for the neglect to take testimony in the cause.</p> <p>2. Where a copy of ar written notice, required by law to be served in a pending cause upon a party thereto or upon his attorney, is handed to such attorney, he cannot avoid or nullify such actual service by handing such copy served on him back to the party serving it and declining to accept service of such notice.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- with purchase of admission tickets, fans received outright title to promotional baseball caps, trading cards, baseball gloves, batting gloves and T-shirts
- Royals entitled to refund on use tax paid on promotional items because “the cost of purchasing those items is factored into the price charged for each ticket of admission to a Royals game,” on which Royals collects and remits sales tax
- yearbooks resold at the stadium by vendors were in no way related to “incentive items” given away for free and therefore could not be the basis for a refund without being mentioned in the request to the Director
Source: CourtListener parenthetical corpus (CC0).
Judges: Account, Illness, Parkhill, Taylor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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