115 Fla. 639 | Fla. | 1934
This is an appeal from two interlocutory orders entered in a mortgage foreclosure case wherein the appellant who was defendant below, contends that the chancellor should have sustained a motion to dismiss the *640 bill and should have denied the appointment of a receiver for the mortgaged apartments.
The motion to dismiss was properly denied, because there was undeniably equity in the bill as a whole, and a general demurrer to it under the old practice would have been overruled, even in the face of the technical objections urged in the motion to dismiss.
The order appointing a receiver should be affirmed on the authority of Carolina Portland Cement Co. v. Baumgartner,
Affirmed.
DAVIS, C. J., and WHITFIELD, TERRELL and BUFORD, J. J., concur.
