# Hamilton Marion Mortg. Co. v. Flowers

> Supreme Court of Florida · October 15, 1938 · 134 Fla. 328

URL: https://www.frixlaw.com/law-library/cases/3399034

## Case

- **Full name:** Lucius O. Hamilton and Marion Mortgage Company v. J. M. Flowers and Norris McElya, as Receivers, Et Al.
- **Court:** Supreme Court of Florida
- **Decided:** October 15, 1938
- **Citations:** 134 Fla. 328; 183 So. 811; 1938 Fla. LEXIS 1111
- **Precedential status:** Published
- **Opinion:** Dissent by Buford
- **Judges:** Whitfield, Brown, Chapman, Terrell, Ellis, Buford
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3399034

## Opinion text

Buford, J.
(dissenting). — I think the bill contained sufficient equity to withstand motion to dismiss and I also think the allegations of the bill sufficiently show a justiciable interest in the complainants sufficient to authorize them to maintain the suit. Sufficient ultimate facts are pleaded in this regard and they should not be required to plead ¿he evidence which will be required to show the existence of such ultimate facts.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3399034. Public record. Not legal advice.