In the Circuit Court of the 5th Judicial Circuit of
the State of Florida in and for Alachua County
J. Buttgenbach & Co }
complainants }
vs } Order allowing Amending Bill
Emil Van Espen Defendant }
On motion of complainants leave is given them to
amend the bill on this day with out payment of costs, but copy of said
amendment shall be served on complainant.
Done at Chambers at Ocala Florida this April 3rd 1899
W.A. Hocker
Judge
Filed April 3rd 1899 Recorded April 6th 1899
H.C. Denton Clerk
pr S.H. Wienges DC
In the Circuit Court of Alachua County Florida
J. Buttgenbach & Company } In Chancery
vs Complainants }
Emil Van Espen } Order on Demurrer
Deft }
This cause is before me on the Demurrer to the Bill of
complaint and has been elaborately argued by the solicitors of the
respective parties - I do not think that the 1st 2nd & 4th grounds of
Demurrer are well taken & I am of opinion that that 3 & 5 are well
taken. The 5th ground I especially remark upon = It seems to me the
Bill contains two inconsistant statements of fact upon which the
court is asked to grant relief. The strongest case complainants
have produced is that of Hardin vs Boyd 113 USSC 756-
but in that case the alternate relief asked for was based
on the same facts upon which the principal relief was asked
for was based on the same facts upon which the principal relief
was asked = It is ordered adjudged & decreed that the 1st 2nd & 4th grounds
of demurrer be and the same are hereby overruled and that the 3rd and
5th grounds of demurrer be and the same are hereby sustained complainants
have leave to amend the Bill in accordance with this order
Ocala Fla March 17th 1899
W.A. Hocker
Judge
Filed April 3rd 1899 Recorded April 6th 1899
H.C. Denton Clerk
pr S.H. Wienges DC
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