TaiLexi AI U.S. Case Law

Crandall v. Owen

Mamie W. Crandall, a Widow, and R. P. Clark, Appellants, v. Elizabeth T. Owen, Appellee

Crandall v. Owen, 120 So. 319 (Fla. 1929)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Florida · State Highest Courts
Decided
February 13, 1929
Judges
Terrell, Ellis, Brown, Whitfield, Buford
Citations
120 So. 31997 Fla. 198

Opinion of the Court — Terrell

Terrell, C. J.

The bill of complaint herein prays that a trust be decreed on certain lands in. Dade County, more specifically therein described and that an accounting be had between appellee as complainant below and appellants as defendants below. A demurrer to the bill was overruled and appeal was taken from that order.

The sole question raised by the demurrer is that the bill is multifarious. • We think the bill was amenable to the assault made on it. It is shown that it involved two separate and independent transactions in which the parties were in part different and in which the subject matter was entirely different. This court has frequently expressed itself on the question of multifariousness. We do not see that further discussion of that subject would serve any useful purpose. Murrell v. Peterson, 57 Fla. 480 , 49 So. R. 31; Farrell v. Forest Investment Co., 73 Fla. 191 , 74 So. R. 216; Craft v. *199 Craft, 74 Fla. 262 , 76 So. R. 772; Arcadia Mercantile Co. v. Branning, 59 Fla. 428 , 52 So. R. 588.

The decree below is therefore reversed.

Reversed.

Ellis and Brown, J. J., concur.

Whitfield, P. J., and Buford, J., concur in the opinion and judgment.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1930: 11932: 119302026peak 1930 · 1

Relies on it most ⓘ

  1. Yates, as Trustee v. Pen. Securities Corp.144 So. 664 (Fla. 1932)
  2. Edason v. Central Farmers' Trust Co.129 So. 698 (Fla. 1930)

Most recent

  1. Yates, as Trustee v. Pen. Securities Corp.144 So. 664 (Fla. 1932)
  2. Edason v. Central Farmers' Trust Co.129 So. 698 (Fla. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Farrell v. Forest Inv. Co., 74 So. 216 (Fla. 1917) 88
Murrell v. Peterson, 57 Fla. 480 (1909) 27
Craft v. Craft, 76 So. 772 (Fla. 1917) 14
Arcadia Mercantile Co. v. Branning, 59 Fla. 428 (1910) 9

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list