(Download) "State Florida v. F. A. Whitney" by Supreme Court of Florida # eBook PDF Kindle ePub Free
eBook details
- Title: State Florida v. F. A. Whitney
- Author : Supreme Court of Florida
- Release Date : January 25, 1913
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
WHITFIELD, J. -- Upon an application for a writ of prohibition a rule to show cause was issued from this court. It is made to appear that Arthur E. Burr, as trustee in bankruptcy of the estate of the Port Tampa Phosphate Company, a corporation, brought proceedings in the Circuit Court for Polk County, Florida, against Joseph Hull, the Prairie Pebble Phosphate Company, a corporation, and the Savannah Trust Company, a corporation, to enforce an equitable right in real estate; that in the course of the proceedings an answer was filed to a supplemental bill alleging the right to substitute new parties complainants, in which answer it is in effect averred that certain proceedings were had in the bankruptcy court of the United States for the District of Massachusetts, by which proceedings the substituted complainants were appointed and qualified as trustees in bankruptcy of the Port Tampa Phosphate Company, and that such proceedings are invalid for want of jurisdiction and for other stated causes. Exceptions to these features of the answer were sustained. Hull v. Burr, 64 Fla. 83, 59 South. Rep. 787. See also, Hull v. Burr, 58 Fla. 432, 50 South. Rep. 754; Hull v. Burr, 61 Fla. 625, 55 South. Rep. 852; Hull v. Burr, 62 Fla. 499, 56 South. Rep. 673. In the first cited opinion this court held that collateral attack cannot be made in a suit pending in a State court upon the judgments, orders, and proceedings of a Federal court in bankruptcy, either by way of defense to a supplemental bill brought for the purpose of having successors
 "State Florida v. F. A. Whitney" by Supreme Court of Florida # eBook PDF Kindle ePub Free){kind=link}