IN THE CIRCUIT COURT OF FLORIDA,

FOURTH JUDICIAL CIRCUIT, IN AND

FOR DUVAL COUNTY. AT LAW

 

 

REBECCA COBB, Plaintiff CASE 20657-L

 

Versus

 

LENORA F. FIELDING, Defendant

 

 

COMPLAINT

 

 

REBECCA COBB, Plaintiff, sues LENORA F. FIELDING and alleges:

 

COUNT ONE

 

1. Rebecca Cobb is a resident of Duval County, Florida, and is over the age of twenty-one years.

 

2. Lenora F. Fielding, defendant, is a resident of Duval County, Florida, and is over the age of twenty-one years.

 

3. The acts constituting the cause of action herein arose in Duval County, Florida.

 

4. On or about June 18, 1952 the defendant did falsely imprison the plaintiff and held plaintiff without just or probable cause in defendant's house, and by physical force tried to restrain her from moving to another place of abode. Further the defendant refused upon plaintiff's request to relinquish plaintiff's clothing and other personal belongings, which defendant retained by reason of a debt which defendant's falsely alleged to be due her from plaintiff.

 

COUNT TWO

 

 

1. Plaintiff realleges all matters and things alleged in Count One, and further charges the defendant, on, to wit, June 18, 1952, did assault and batter the plaintiff, laid hands on the plaintiff and shook her, and attempted to drag plaintiff into defendant's home, and used toward plaintiff language of a rude and insolent nature, threatening plaintiff and calling her vile names; whereupon plaintiff broke away from defendant and fled down the street in tears and humiliation and in bodily fear of the defendant.

 

COUNT THREE

 

1. Plaintiff alleges all matters and things alleged in Count One, and further alleges that on or about June 18, 1952 the defendant did slander the plaintiff in that she did say to another with intent to humiliate and degrade plaintiff, and with malice, that plaintiff was an unwed mother, and a slut, and a person not fit to associate with, and that plaintiff was a thief.

 

2. Further, on or about June 20, 1952 the defendant did say to another, with the intent to humiliate and degrade the plaintiff, and with malice, that plaintiff was a slut and a whore and was sleeping with every married man in the neighborhood.

 

3. Plaintiff admits that she bore a child out of wedlock. She confided such fact to the defendant and was assured by defendant that her confidence would be respected.

 

4. Plaintiff says that all of the utterances of the defendant as alleged herein were and are false, and were uttered maliciously and with the intent to expose plaintiff to scorn and contempt.

 

WHEREFORE The plaintiff demands damages of a compensatory and exemplary nature from the defendant in the sum of Fifteen Thousand Dollars, and requests that this cause be tried before a jury.

 

WILLIAM CLYDE JOHNSON

ROBERT E. FORNEY

EDITH McILVAINE JAMES

Suite 4F Atlantic National Bank Annex

 

 

ATTORNEYS FOR PLAINTIFF

 

 

 

 

IN THE CIRCUIT OF DUVAL COUNTY, FLORIDA, AT LAW.

NO. 20657-L DIVISION "E"

 

REBECCA COBB,

Plaintiff,

Vs.

LENORA F. FIELDING,

Defendant.

 

ANSWER

 

Comes now the defendant, Lenora F. Fielding, by and through her undersigned attorney, and for answer to the complaint of the plaintiff, says:

FIRST DEFENSE: The Plaintiff's complaint and each several count thereof fails to state a claim against the defendant upon which relief can be granted.

SECOND DEFENSE TO COUNT ONE: Defendant admits allegations contained in paragraphs 1, 2, and 3 and denies all the allegations of paragraph 4 thereof.

SECOND DEFENSE TO COUNT TWO: The defendant denies all the allegations of count two of the complaint.

THIRD DEFENSE TO COUNT TWO: The plaintiff at the time and place alleged in count two of the complaint, first made an assault on the defendant and the defendant repulsed said assault on the defendant herself by the plaintiff, and the defendant gently laid her hands on the plaintiff, using no more force than was necessary to defend herself against the assault of the plaintiff.

SECOND DEFENSE TO COUNT THREE: Defendant denies all the allegations of count three of the complaint.

 

MOTION TO DISMISS

 

The Defendant moves the Court to dismiss the complaint and the several counts thereof on the following grounds:

  1. The complaint fails to state a claim against the defendant upon which relief can be granted.
  2. The allegations of said complaint are so contradictory and confusing as to fail to state a cause of action.
  3. Each count of the complaint alleges more than one cause of action/
  4. The allegations of said complaint are so vague and indefinite as to fail to state a cause of action.

 

of

STANLY AND ARNOLD

1325 Barnett National Bank Building

Jacksonville, Florida

 

Attorneys for Defendant.

 

 

I do certify that copy hereof was furnished William Clyde Johnson; Robert E. Forney; and Edith McIlvaine James, Attorneys for the Plaintiff, Suite 4F, Atlantic National Bank Annex, Jacksonville, Florida, by mail, this 12th day of July, A. D. 1952.

 

 

 

IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR DUVAL COUNTY.

AT LAW

 

NO. 20657-L

 

REBECCA COBB,

Plaintiff,

Vs.

LENORA F. FIELDING,

Defendant.

 

ORDER

 

It appearing unto the Court that no action has been taken toward the prosecution of the above entitled cause for a period of more than one year, it is, thereupon, upon the Court's own motion,

ORDERED, ADJUDGED AND DECREED that said cause be, and the same is hereby dismissed for want of prosecution.

DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this 11TH Day of October , 1954.

 

 

Judge Charles G. Luekie (spelling ?)