This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that *Page 1028 there is no error in the said decree; it is, therefore, considered, ordered and adjudged by the Court that the said decree of the Circuit Court be, and the same...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This cause having heretofore been submitted to the court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the court that the said judgment of the Circuit Court be, and the same is...
This was a suit brought to enforce the specific performance of a contract for the purchase and sale of real estate; the suit was brought by the assignee of the original contract purchaser against the vendors and their assignees. The contract was as follows: ARTICLES OF AGREEMENT, made in triplicate on this 25th day of January, A.D. 1921, by and between Roy F. Symes and wife Florence I. Symes and E. A. Douglass and wife, Virginia M. Douglass, of the county of Seminole and State of Florida,...
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said decree. It is, therefore, considered, ordered and adjudged by the Court that the said decree of the circuit court be and the same is hereby...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
Where the owner consigns cotton to his factors who make advances and charge interest thereon as *Page 471 well as sell cotton retaining advances, interest, commissions and charges, and under circumstances of financial stress and the low price of cotton the factors secure from the owner an agreement to divide profit after all charges are paid should the price advance, the factors being reasonably secured if the price recedes, such agreement under the facts of this case, will not in equity be a...
The plaintiff in error here, defendant in the lower court, was convicted upon an indictment charging him with the offense of carnal intercourse with unmarried female under the age of eighteen years. The essential elements of this crime are, First, carnal intercourse; Second, the female must have been under the age of eighteen years; Third, she must have been unmarried *Page 126 at the time of the carnal intercourse; Fourth, she must be of previous chaste character. The assignments of error are...
The plaintiff in error was convicted of murder in the first degree upon an indictment charging him with the murder of Stella Williams on February 15, 1926. He seeks a reversal of the judgment on writ of error. There are two assignments of error, both of which are directed to the same ruling, viz.: the denial of the motion for a new trial. The motion contains five grounds but is directed to two propositions: first, the verdict is not supported by the evidence, and, second, is in disregard of the...
The plaintiff in error, hereinafter designated as the defendant, was convicted of a misdemeanor on indictment charging the willful and malicious destruction and injury to personal property of another under the provisions of Section 5305 of the Revised General Statutes of Florida, 1920. The first assignment of error attacks the sufficiency in the indictment of the allegation of ownership of the property. The indictment alleges, in part, that the defendant did injure "the personal property of...
The plaintiff in error, hereinafter designated as the defendant, was convicted of a misdemeanor on indictment charging the willful and malicious destruction and injury to personal property of another under the provisions of Section 5305 of the Revised General Statutes of Florida, 1920. The first assignment of error attacks the sufficiency in the indictment of the allegation of ownership of the property. The indictment alleges, in part, that the defendant did injure "the personal property of...
The plaintiff in error, hereinafter designated as the defendant, was convicted of a misdemeanor on indictment charging the willful and malicious destruction and injury to personal property of another under the provisions of Section 5305 of the Revised General Statutes of Florida, 1920. The first assignment of error attacks the sufficiency in the indictment of the allegation of ownership of the property. The indictment alleges, in part, that the defendant did injure "the personal property of...
The plaintiff in error, hereinafter designated as the defendant, was convicted of a misdemeanor on indictment charging the willful and malicious destruction and injury to personal property of another under the provisions of Section 5305 of the Revised General Statutes of Florida, 1920. The first assignment of error attacks the sufficiency in the indictment of the allegation of ownership of the property. The indictment alleges, in part, that the defendant did injure "the personal property of...
Plaintiff in Error was charged by indictment in three counts with murder in the first degree. He was convicted of murder in the second degree under count 3 of the indictment, which was as follows: *Page 1095 "And the Grand Jurors aforesaid, upon their oaths aforesaid, do further present, that Bud Williamson, alias some other name to the grand jurors unknown, late of the County of Okaloosa and State of Florida, on the 14th day of March, in the year of our Lord, One Thousand Nine Hundred and...
The indictment in this case charged "that Ed Williamson on the 1st day of April, in the Year of our Lord, One Thousand, Nine Hundred and Twenty-five, at and in the County of Walton, State of Florida, then and there being with a certain Ford Touring Car, which Ford Touring Car, he the said Ed Williamson then and there steered, operated and drove, in, upon and against one Ed McWilliams, from and with a premeditated design and intent him, the said Ed McWilliams, then and there to *Page 982...
The declaration here in substance alleges that L. N. Wilkie by his servant or agent on the 16th day of November, 1922, in the city of Jacksonville, so carelessly and negligently propelled and ran his automobile with such great force and violence against and upon Waller Roberts, that the said Waller Roberts, who was the minor son of Holstead Roberts, was then and thereby injured in the head, body and limbs, his nervous system and spinal column were shaken and impaired, and various permanent...
Plaintiff in error, hereinafter called the petitioner, stands charged with the offense of unlawfully having in his possession mullet of smaller size than ten inches in length, and having been committed to jail by the County Judge, seeks to test the legality of his detention by habeas corpus. Upon hearing before the Circuit Court petitioner was remanded to custody and was allowed and took writ of error. The validity and scope of Chap. 10123, Acts of 1925, under which the affidavit, warrant and...
On October 18, 1924, process was issued and served, and on November 3, 1924, an amended declaration was filed charging that the county "at some time in the latter part of the year 1923, the exact date being unknown to the plaintiffs, unlawfully and without the consent of the plaintiffs, entered upon" described land owned by the plaintiffs "and excavated and removed therefrom a large quantity, to-wit, 1050 cubic yards of earth," viz, clay, and used the same in paving the public roads of said...
