Willingham v. King
Citations
- 23 Fla. 478
Syllabus
<p>1. A person imprisoned in the penitentiary for life is not civilly dead, and may sue in his own name, and it is improper to join another as prochdn ami a party complainant.</p> <p>2}. Such person cannot maintain a suit in equity against his wife and another to whom she has sold his property, for the purpose of adjusting the respective rights of the three, on an allegation in his bill that the sale is void, andan admission that she has an interest in the property which should be determined—-the wife having no interest in his property which can become the subject of suit between them under such circumstances. He has remedy at law against the purchaser, if the sale was void.</p> <p>3. While irremediable injury is a ground of equity jurisdiction, a general allegation of such injury, not stating facts upon which the allegation is based, nor showing how or why the damages will be irremediable, is not sufficient.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that trial court's failure to give statutory instructions in juvenile-delinquency case was fundamental error, although not harmful error in that case
- holding that “rights or requirements embodied in a statute that direct a trial court in a specific manner” are waivable-only rights
- concluding that trial court’s failure to give statutory instructions in juvenile-delinquency case was fundamental error, although not harmful error in that case
- holding that Marin analysis of forfeitable rights, waivable rights, and absolute systemic requirements applies in juvenile cases
- concluding that failure to give statutory admonishments, while fundamental error, was not harmful error requiring reversal
- holding failure of juvenile court to provide statutorily required action may be raised for first time on appeal unless juvenile expressly waived statutory requirement
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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