Cases Argued and Adjudged in the Supreme Court of Florida, Том 20 |
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Стр. 17
... granted to compel the approval of an appeal bond in such a case . This is an application to the Supreme Court for a man- damus . The facts are as follows : The petitioner states in his petition that he was served in June , 1883 , with a ...
... granted to compel the approval of an appeal bond in such a case . This is an application to the Supreme Court for a man- damus . The facts are as follows : The petitioner states in his petition that he was served in June , 1883 , with a ...
Стр. 40
... granted . Plaintiffs demurred to the second plea sustained . Demurrer to fifth plea overruled . Plaintiffs at the trial showed title by patent in Benja- min Spooner , who died about the close of the war leaving his widow , Mary E ...
... granted . Plaintiffs demurred to the second plea sustained . Demurrer to fifth plea overruled . Plaintiffs at the trial showed title by patent in Benja- min Spooner , who died about the close of the war leaving his widow , Mary E ...
Стр. 42
... granted by the court , to which the defendants excepted . The act to amend the pleading and practice in the courts of this State , approved February 8 , 1861 , Chapter 1096 , au- thorizes the Judge to exercise a large discretion in ...
... granted by the court , to which the defendants excepted . The act to amend the pleading and practice in the courts of this State , approved February 8 , 1861 , Chapter 1096 , au- thorizes the Judge to exercise a large discretion in ...
Стр. 49
... granted the motion to strike out the second plea , and sustained the demurrer to the third plea . The statute as passed by the Legislature in 1881 ( McC . Dig . , 481 , §6 , ) reads as follows : " The plea of not guilty in eject- " ment ...
... granted the motion to strike out the second plea , and sustained the demurrer to the third plea . The statute as passed by the Legislature in 1881 ( McC . Dig . , 481 , §6 , ) reads as follows : " The plea of not guilty in eject- " ment ...
Стр. 68
... granted . T. L. Clarke on same side . The first , second and third errors assigned may be con- sidered together , they being in substance : 1. That the court erred in refusing to dismiss the action on motion of Coffee , the ground of ...
... granted . T. L. Clarke on same side . The first , second and third errors assigned may be con- sidered together , they being in substance : 1. That the court erred in refusing to dismiss the action on motion of Coffee , the ground of ...
Часто встречающиеся слова и выражения
action adverse possession affidavit alleged als.-Opinion of Court amendment amount answer appeal Appellees assigned attorney authority Barton H bill Blige bond cause charge Circuit Court City of Jacksonville claim Commissioners complainants Constitution contract Counsel court of equity creditors debt deceased deed defendant defendant's delivered the opinion demurrer dollars Duval county entitled equity et ux evidence ex rel execution executor executrix facts filed Florida Florida ex rel granted ground H. D. Ballard Hart heirs indictment injunction interest issue J. L. Griffin Judge judgment jurisdiction jury L'Engle land Legislature Leon county lien ment mortgage motion owner paid parties payment Pensacola person petition PLAINTIFF IN ERROR plea pleadings possession proceedings purchase question Rachel Griffin railroad record reference rule Sanderson Sanderson's Administrators says statute suit testified testimony Thrasher tion trial trust verdict witness writ of error
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Стр. 1016 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Стр. 125 - ... appellate ; the distribution of jurisdiction, made in the Constitution, is form without substance. Affirmative words are often, in their operation, negative of other objects than those affirmed ; and in this case a negative or exclusive sense must be given to them, or they have no operation at all. It cannot be presumed that any clause in the Constitution is intended to be without effect; and, therefore, such a construction is inadmissible unless the words require it.
Стр. 763 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Стр. 125 - If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction, made in the constitution, is form without substance.
Стр. 125 - If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power, and the tribunals in which it should be vested. The subsequent part of the section is mere surplusage, is entirely without meaning, if such is to be the construction.
Стр. 421 - Every bill shall be read by sections, on three several days in each House; unless, in case of emergency, twothirds of the House where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule...
Стр. 384 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Стр. 52 - For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved: 2.
Стр. 988 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Стр. 474 - The law assumes that property is always in the possession of its owner, in person or by agent; and it proceeds upon the theory that its seizure will inform him, not only that it is taken into the custody of the court, but that he must look to any proceedings authorized by law upon such seizure for its condemnation and sale.