Smith v. Curtis

Citations

• 19 Fla. 786

Syllabus

<p>1. While the act requiring upou an appeal that a true copy of proceedings of the Circuit Court shall be filed -with the Clerk of the Supreme Court by the first day of the succeeding term thereof, and that a failure to file the copy makes it the duty of the court, on motion of the adverse party, to dismiss the appeal unless good cause be shown for the omission, the court will determine upon the facts in each case, whether good cause is shown.</p> <p>2. An appeal may he perfected by complainant or defendant in chancery, from a final decree without giving bond and security or paying the costs of the suit as required in suits at law.</p> <p>3. Capacity to contract attends the possession of ordinary intelligence, and where the consideration is not shown to be inadequate, the fact that a mutual confidence in business relations, and a general friendship justified by past relations of the x>arties-existed at the time of the contract, is not a ground upon which to set it aside.</p>