Gribbel v. Henderson, 14 So. 2d 809 (Fla. 1943). · Go Syfert
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Gribbel v. Henderson, 14 So. 2d 809 (Fla. 1943). Cases Citing This Book View Copy Cite
11 citation events (1 in the last 25 years) across 3 distinct courts.
Strongest positive: Buss v. Reichman (fladistctapp, 2011-01-12)
Top citers, strongest first. 1 distinct citer.
cited Cited "see" Buss v. Reichman
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See Lindsey v. Mayo, 153 Fla. 465 , 14 So.2d 809, 810 (1943). .
WAKEMAN GRIFFIN GRIBBEL, Et Al., as Executors, Etc.,
v.
T. N. HENDERSON JR., Et Al.
Supreme Court of Florida.
Jul 16, 1943.
14 So. 2d 809
Carl T. Hoffman, L.L. Robinson, Sam C. Matthews, and J. Lewis Hall, for petitioners. Tillman Henderson, and Mabry, Reaves, Carlton White, for respondents.
Terrell, Brown, Chapman, Thomas, Adams, Buford, Sebring.
Published

Lead Opinion

ON REHEARING GRANTED

PER CURIAM:

A rehearing having been granted and the Court having heard oral argument and further considered the record and briefs, it is ordered that we now adhere tó our former judgment.

[*398] TERRELL, BROWN, CHAPMAN, THOMAS and ADAMS, JJ., concur. ' BUFORD, C. J., dissents. SEBRING, J., not participating.

Dissent

BUFORD, C. J.,

dissenting:

On reconsideration of this case, I do not think that the allegations of the bill of complaint are sufficient to show chat the defendant-Executors under the Gribbel will are barred from pleading the statute of non-claim. It is my opinion that the plea of non-claim either presented an issue with the burden of proof on the defendant, or else presented a condition requiring amendments to the bill of complaint as replications are no longer available.

So the order striking the plea should be quashed.