58 Fla. 517 | Fla. | 1909
The appeal in this case is presented here for the second time. For the opinion on the former appeal see Sarasota Ice, Fish & Power Company v. Lyle & Company, 53 Fla. 1069, 43 South. Rep. 602, wherein will be found a statement of the facts. As is stated therein, the final decree from which the appeal was entered had to be reversed for the reason that it appeared that the court had never acquired jurisdiction of the person of S. D. Futch, one of the appellants, although a decree pro confesso had been entered against him, such appellant being affected by the final decree and therefore a necessary party. We also called attention to the fact that it appeared that an order of reference had been made before all the issues had been properly made up. On the case being remanded, S. D. Futch voluntarily came in, waived the service of a subpoena upon him and filed an answer whereby he virtually admitted the allegations of the bill in so far as they concerned or affected him. The issues were all properly made up and the court thereupon made an order referring the cause to O. K. Eeaves, a practicing attorney, as special master, to take the testimony therein and report the same to the court, without his findings and conclusions. Such special master was the same person to whom such cause had been previously referred, only in the first order he seems to have been directed to make and report findings and conclusions. After the making of the second order of reference, the complainant, who is the appellee here, filed a motion, due notice of the time and place of the hearing thereof being given to the defendants, reciting therein the fact of the appearance and answer of Futch, the taking of the testimony by the same master, that the issues had not been changed and that it would be a great saving of time and expense to use such testimony so previously taken, wherefore an order was sought from the court directing such
Twenty-three errors have been assigned by the appellants, practically all of which are insisted upon and argued. Voluminous briefs, including a reply brief by the appellants, have been filed by the respective parties, and we have also had the benefit of oral arguments from their respective counsel. The appellants lay great stress upon the evidence in support of their different contentions and quote extensive extracts therefrom in their
Petition tor rehearing in this case denied.