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· 6/11/1918

O'Gara v. Hancock

Citations

  • 76 Fla. 1
  • 79 So. 167

Syllabus

<p>1. Large discretion is allowed the Chancellor in the matter of extending timé for the taking of testimony in an equity suit, and the action of the Chancellor in granting an exténsion of time will not he disturbed unless an abuse of discretion is plainly made to appear.</p> <p>2 Where the Chancellor considers that an extension of time for taking testimony will better enable him to decide a cause justly, it is not an abuse of his discretion to order such extension and this Court will not disturb his order.</p> <p>3. The rules of practice are for the purpose of aiding in the speedy determination of causes; Courts are established for the higher purpose of administering justice. Where the strict enforcement of the letter of the rules of practice tends, in the opionion of the trial judge, to prevent or jeopardise the latter, the rules should yield to the higher purpose.</p>

Judges: Browne, Ellis, Taylor, West, Whitfield

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