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· 6/15/1904

Williams v. Peeples

Citations

  • 48 Fla. 316

Syllabus

<p>1. A bill alleging that the defendant is in various way.s wrongfully interfering with cattle legally under the control of the complainant, and that defendant claims title to some of such cattle, without sufficient allegations for a discovery or an accounting, does not state a case for equity cognizance.</p> <p>2. Where it appears upon the face of a bill of complaint that there is a plain and adequate remedy at law, and no ground for equitable intervention is shown, an appellate court may notice such defect although it has been ignored in the pleadings, assignments of error and argument, and the cause may be remanded with directions to dismiss the bill.</p>

Judges: Hocker, Whitfield

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