HARRY H. BRENNER, AS RECEIVER FOR COMMERCIAL BANK & TRUST CO., APPELLANT,
v.
R. H. MCNIELL, APPELLEE

Fla. | 1932-05-20
105 Fla. 541 Florida Supreme Court (1932)
Also reported at: 141 So. 742

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Synopsis

The Florida Supreme Court affirmed a lower court's decree, finding no reversible error after reviewing the record, briefs, and arguments.


Holding

The Court held that there was no reversible error in the Circuit Court's decree.


Key Quotes

“It is therefore considered, ordered and adjudged by the Court that the said decree of the Circuit Court appealed from be and the same is hereby affirmed.”

This quote states the court's final decision on the appeal.

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Facts & Procedural History

The case involved an appeal by Harry H. Brenner, as Receiver for Commercial Bank & Trust Co., against R. H. McNiell. The appeal was based on a transcr…

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Opinion of the Court
Per Curiam.

Per Curiam.

This cause having been submitted to the Court upoh the transcript of the record of the final decree herein and briefs and argument of counsel for the respective parties, and the record having been inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no reversible error in the said decree. It is therefore considered, ordered and adjudged by the Court that the said decree of the Circuit Court appealed from be and the same is hereby affirmed. Warren v. Creevey, 87 Fla. 46, 52, 99 So. 247, 249; Adams v. Essex, 1 Bibb (Ky.) 149, 4 Am. Dec. 623; Trustees of I. I. Fund v. Lewis, 34 Fla. 424, 16 So. 325; Taylor v. Am. National Bank, 63 Fla. 631, 57 So. 678; 3 R. C. L. 1272, section 502; Owings Lumber Co. vs. Marlowe, 200 Ala. 568, 76 So. 926; L. R. A. 1918-E, 180 et seq.; Sections 4499 and 5744 C. G. L., Scott vs. Taylor, 63 Fla. 612, 58 So. 30; McClure v. American Nat’l Bank, 67 Fla. 32, 64 So. 427; 8 C. J. 127, 342, 344, 478, 41 C. J. 507-509, 662, 693-4.

Affirmed.

Buford, C.J., and Ellis and Brown, J.J., concur.


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