A. Guerra v. Clorinda Gutierrez

SHACKLEFORD, C. J. -- Clorinda Guiterrez, by her next friend Pedro Sierra, filed her bill in chancery against A. Guerra and J. Guerra, late co-partners doing business as A. Guerra & Son, in which the principal relief sought was to have certain goods and chattels set aside to the complainant as exempt under the constitution of Florida, it being alleged that the complainant was the head of a family residing in this State. The defendants and had caused a writ of attachment to be levied upon such property as the property of Ramon Guiterrez and Carlos Guiterrez, co-partners trading together under the firm name and style of C. Guiterrez & Brother. The defendants filed an answer in which they denied material allegations of the bill. No replication seems to have been filed to the answer, but an agreement of the respective counsel was filed to the effect that the Circuit Judge should proceed to hear the cause upon the merits as shown by the bill and answer and render a final decree therein. In pursuance of such stipulation of counsel, the Circuit Judge proceeded to hear such cause and rendered a final decree in favor of the complainant, in which he recited that the testimony was adduced before him in open court. From this decree the defendants have entered their appeal. The assignment which is chiefly relied upon and which