Cases Argued and Adjudged in the Supreme Court of Florida, Volume 4 |
From inside the book
Results 1-5 of 78
Page 2
... error , and all other matters of jurisdiction , brought from or which shall arise in , the middle circuit ; and when in ses- sion at Marianna , in the western circuit , shall hear and determine all appeals and writs of error , and ...
... error , and all other matters of jurisdiction , brought from or which shall arise in , the middle circuit ; and when in ses- sion at Marianna , in the western circuit , shall hear and determine all appeals and writs of error , and ...
Page 2
... error , and all other matters of jurisdiction , brought from or which shall arise in , the middle circuit ; and when in ses- sion at Marianna , in the western circuit , shall hear and determine all appeals and writs of error , and ...
... error , and all other matters of jurisdiction , brought from or which shall arise in , the middle circuit ; and when in ses- sion at Marianna , in the western circuit , shall hear and determine all appeals and writs of error , and ...
Page 49
... error assigned by counsel for appellant are , the judgment of the court below sustaining the demur- rer to the three last pleas , numbered on the record ten , eleven and twelve . The first of these pleas avers that the note declared on ...
... error assigned by counsel for appellant are , the judgment of the court below sustaining the demur- rer to the three last pleas , numbered on the record ten , eleven and twelve . The first of these pleas avers that the note declared on ...
Page 101
... error lies ; and where mixed questions of law and fact are presented to the court for its decision , no writ of error lies , unless the court is called upon to decide questions of law , or such questions of law arise necessarily out of ...
... error lies ; and where mixed questions of law and fact are presented to the court for its decision , no writ of error lies , unless the court is called upon to decide questions of law , or such questions of law arise necessarily out of ...
Page 104
... error . Verdict and judgment for plaintiff in the court below . Hogue , for Appellant . Towle & Papy , for Appellee . THOMPSON , Justice , delivered the opinion of the Court . Several grounds of error are assigned upon the transcript of ...
... error . Verdict and judgment for plaintiff in the court below . Hogue , for Appellant . Towle & Papy , for Appellee . THOMPSON , Justice , delivered the opinion of the Court . Several grounds of error are assigned upon the transcript of ...
Common terms and phrases
action administrator de bonis agreement alleged Allen Andrew's Bay Land appellant appellee assigned assumpsit authority Bennett Bennett.-Opinion of Court Bennett.-Statement bill of sale bond Carter cause Chancery Circuit Court claim common law complainant consideration Constitution contract conveyance counsel Court of Equity creditors Daniel Fry debt declaration decree deed defendant delivered the opinion demurrer dollars entitled equity error evidence Ex parte Robert execution executor exercise fact fieri facias Florida Franklin county fraud fraudulent fraudulent conveyances Gadsden county Gibson Hawley instruction interest Judge judgment judicial jurisdiction jury legislative Legislature letters testamentary Lewis and Wife liable lien Lloyd & Flagg manumission matter ment mortgage negroes party payment plaintiff plaintiffs in error pleadings possession purchase question record Reports respondent rule sheriff slaves statute suit Supreme Court term Territory Territory of Florida testator thereof tion transfer trial trust void witness writ Yale.-Opinion of Court
Popular passages
Page 153 - The Supreme Court, except in cases otherwise directed in this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as, may from time to time be prescribed by law...
Page 366 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain, or in part payment...
Page 159 - It is the essential criterion of appellate jurisdiction that it revises and corrects the proceedings in a cause already instituted, and does not create that cause.
Page 236 - Court, do not apply, the practice of the circuit courts shall be regulated by the practice of the High Court of Chancery in England.
Page 282 - Houston for and in consideration of the sum of one hundred pounds to him in hand paid the receipt whereof is hereby acknowledged hath given granted bargained and sold and by these presents, doth give, grant, bargain, and sell, unto the said...
Page 18 - It is the constant aim of a court of equity to do complete justice by deciding upon and settling the rights of all persons interested in the subject of the suit, so as to make the performance of the order of the court perfectly safe to those who are compelled to obey it, and to prevent future litigation.
Page 220 - And because fraud and deceit abound in these days more than in former times, it was resolved in this case by the whole court, that all statutes made against fraud should be liberally and beneficially expounded to suppress the fraud : ' Qureritur, ut crescunt tot magna volumina legis In promptu causa est, crescit in orbe dolus.
Page 396 - It is equally indisputable, however, that because an article is depreciated in the market, it does not follow that the owner is not entitled to demand or require a higher price for it before he consents to part with it. He may possess bank notes which to him are of par value in payment of his own debts or in payment of public taxes, and yet their marketable value may be far less.
Page 372 - The party demurring admits the truth of the testimony to which he demurs, and also those conclusions of fact which a jury may fairly draw from that testimony. Forced and violent inferences he does not admit, but the testimony is to be taken most strongly against him, and such conclusions as a jury might justifiably draw the court ought to draw.
Page 63 - An administrator de bonis non is entitled to all "the goods and personal estate, such as terms for years, "household goods, &c., which remain in specie, and were "not administered by the first executor or administrator — "as, also, to all debts due and owing to the testator, or in"testate.