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Bryan, Hartridge & Co. vs. Knight &. Frazier..

165

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Frisbee and Johnson (Administrators) vs. Timanus.... 537

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Knight & Frazier, Bryan, Hartridge & Co. vs..

Knight & Frazier, Baker & Co. vs....

Livingston, Crippen vs....

Luther, Jernagan vs...

Madoil vs. State of Florida.

McKinnon, Morrison vs...
McNealy, Gregory vs...

Morrison vs. McKinnon.

Myers, June vs.....

Myrick, Kilbee and Barnes vs....

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Nash, Pensacola and Georgia Railroad Company vs..... 497

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Ochus vs. Sheldon, Hoyt & Co......

Pensacola and Georgia Railroad Company and Atlantic

and Gulf Railroad Company vs. Spratt & Callahan.

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Timanus, Frisbee and Johnson (Administrators) vs.... 537

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NOTE. The Head Notes in each case were prepared by the

Judge who delivered the opinion, as required by law.

Decisions

OF THE

Supreme Court of Florida,

AT TERMS HELD IN 1868-'9.

FRANKLIN DIBBLE, APPELLANT, VS. JOSEPH TRULUCK AND JAMES J. HOLLAND, SHERIFF, &c., APPELLEES.

1. Courts of Equity will grant relief from judgments of Courts of law in a variety of cases, as where the defense could not at the time or under the circumstances be made available at law, without laches of the party; and in cases of surprise where reasonable diligence could not avail, and where the facts constituting the surprise are tantamount to a fraud.

2. But where a party has a clear, adequate, and easy remedy at law of which he neglected to avail himself by reason of a misapprehension of well-established rules of practice; or by reason of anticipating obstacles which might be met with in his progress, he stops short of pursuing his remedy, he is guilty of laches which estop him from pursuing his remedy in Equity.

3. As, where a party may have the benefit of a bill of exceptions, but neglects to avail himself of it, a Court of Equity will not step in to perform the legitimate office of such bill of exceptions.

Appeal from the order of Hon. A. A. Knight, Circuit Judge Fourth District.

The case is stated in the opinion of the Court.

H. Bisbee, Jr., for Appellant.

J. M. Baker and A. R. Meek for Appellee.

By the Court.

RANDALL, C. J. This is a suit by Bill in Equity to obtain an injunction restraining Joseph Truluck from enforcing a judgment and execution in his favor against the appellant, and to

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