Cases Argued and Adjudged in the Supreme Court of Florida, Volume 4 |
From inside the book
Results 1-5 of 83
Page 6
... statute , and which affects the rights of the parties litigant . In the present case , there is no such suit , or other proceeding before us ; and if we had a doubt upon the subject , it would be our duty to decline the expression of ...
... statute , and which affects the rights of the parties litigant . In the present case , there is no such suit , or other proceeding before us ; and if we had a doubt upon the subject , it would be our duty to decline the expression of ...
Page 11
... statute of this State , an appeal may be taken only after a final de- cree and , consequently , the appeal opens every question decided by the Chancellor during the progress of the cause , and , also , the regularity of the proceedings ...
... statute of this State , an appeal may be taken only after a final de- cree and , consequently , the appeal opens every question decided by the Chancellor during the progress of the cause , and , also , the regularity of the proceedings ...
Page 29
... statute , unless its uncon- stitutionality is so obvious as to admit of no doubt . 5 Black- ford's Reports , 259. On the other hand , it must be conce- ded , that , however grave and interesting the questions pre- sented for the ...
... statute , unless its uncon- stitutionality is so obvious as to admit of no doubt . 5 Black- ford's Reports , 259. On the other hand , it must be conce- ded , that , however grave and interesting the questions pre- sented for the ...
Page 51
... statute , requiring a promise to pay the debt of another to be in writing , in order to bind the party to be charged thereby , does not dispense with the consideration required by the common law to support the contract . But it is con ...
... statute , requiring a promise to pay the debt of another to be in writing , in order to bind the party to be charged thereby , does not dispense with the consideration required by the common law to support the contract . But it is con ...
Page 54
... them , the promise is nudum pac- tum , because it was so at common law , and the statute makes no alteration . In the case of Waine v . Warlters , in 5 East's , Lines vs. Smith . - Opinion of Court . 10 54 SUPREME COURT .
... them , the promise is nudum pac- tum , because it was so at common law , and the statute makes no alteration . In the case of Waine v . Warlters , in 5 East's , Lines vs. Smith . - Opinion of Court . 10 54 SUPREME COURT .
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.