FIDELITY & DEPOSIT COMPANY OF MARYLAND, A CORPORATION, PLAINTIFF IN ERROR,
v.
S. B. AULTMAN, DEFENDANT IN ERROR

Fla. | 1911-01-01
Whitfield, C. J., and Shackleford and Cockrell, J. J. concur;, Taylor, Hocker and Parkhill, J. J., concur in the opinion. .
61 Fla. 198 Florida Supreme Court (1911) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam.

[*199] On Rehearing.

Per Curiam.

Tlie court did not overlook any oí the contentions of the plaintiff in error. A single motion to vacate a judgment by default and to allow the filing of pleas tendered with the motion was denied by the trial court; and as no showing was made for vacating the default judgment the denial of the motion was proper, especially where the pleas are defective. See Garlington v. Priest, 13 Fla., 559; Benedict v. W. T. Hadlow, 52 Fla., 188, 42 South. Rep., 239, Hocker v. Forrester, 53 Fla. 392, 43 South. Rep., 241.

A rehearing is denied.

Whitfield, C. J., and Shackleford and Cockrell, J. J. concur;

Taylor, Hocker and Parkhill, J. J., concur in the opinion. .

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Nikitas Pavlis v. Atlas Imperial Diesel Engine Co., 126 Fla. 808 (Fla. 1937)
    …that opinion became the law governing this case. Valdosta Merc. Co. v. White, 56 Fla. 704, 47 Sou. 961; McKinnon v. Johnson, 57 Fla. 120, 48 Sou. 910; Purvis, Sheriff, v. Frink, 61 Fla. 712, 54 Sou. 862; Fidelity Deposit Co. of Maryland v. Aultman, 61 Fla. 198, 55 Sou. 273; Paul v. Commercial Bank of Ocala, 69 Fla. 62, 68 Sou. 68; Kemp v. Skivesen, 114 Fla. 667, 154 Sou. 688. On retrial the only issues to be submitted to the jury and the only issues submitted were those specifically named in the former o…
  • Parrish v. State, 153 Fla. 105 (Fla. 1943)
    …e judgment in the cases, supra. The trial court was bound by the enunciations of this Court as set forth and promulgated in that opinion and judgment. See Harper Piano Co. v. Seaboard Airline Ry., 65 Fla. 490, 62 So. 482; Fidelity, etc., v. Aultman, 61 Fla. 198, 55 So. 273; Pervis v. Frink, 61 Fla. 712, 54 So. 862; Williams v. Phiel, 66 Fla. 192, 63 So. 658; Valdosta Mercantile Co. v. White, 56 Fla. 704, 47 So. 961; First Nat. Bank v. Ulmer, 66 Fla. 68, 63 So. 145; McKinnon v. Johnson, 57 Fla. 120, 48 So.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw