[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 985 This suit in equity was instituted by the appellees, S. B. Thompson et al., as complainants below, to foreclose a statutory lien for materials furnished in the construction of a building upon described lands alleged to be owned by Joel B. Paine. The suit is brought pursuant to Section 3495, et seq., Revised General Statutes 1920. Besides the allegations...
This was a suit to quiet title. It was alleged that the tax deed constituted the cloud on title which we sought to be renewed. A final decree was entered among other things holding the tax deed to be void and granting the relief prayed. This assignment of error numbered 11 is the only one which needs to be considered. This assignment is: "The Court erred in entering the final decree." We find no evidence in the record sustaining the allegation that the land was wild, unimproved and unoccupied...
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 writ of error was taken to a judgment for the defendant upon demurrer to an amended declaration of plaintiff alleging personal injury suffered by reason of the negligence of defendant in not providing the plaintiff, defendant's employee, a reasonably safe place in which to work as oiler of machinery used in a power plant for generating electricity. *Page 504 The declaration does not wholly fail to state a cause of action. The demurrer thereto was therefore erroneously sustained. The...
George Yarborough was convicted of an assault with intent to commit a felony upon an information charging him and another with that offense. The information contained four counts. The first charged the plaintiff in error with assault upon Herbert M. Iserman, and Dewey Slade as principal in the second degree. The second count charged Slade with the offense and Yarborough as principal in the second degree. The same order was preserved in the third and fourth counts. The first and second counts...
In this case an amended declaration in two counts was filed. Demurrer was sustained to the first count and plaintiff by leave of court filed an additional count. These two counts were as follows: "SECOND COUNT: And the plaintiff, by his attorneys, further sues the defendant, for that heretofore, to-wit: on the 30th day of March, A.D. 1925, the said defendant being the holder of a large acreage of lands in the State of Florida, and desiring to employ the plaintiff, who was by profession a...
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 case is here on writ of error the second time. The controlling law applicable to the case was embraced in the opinions delivered when the case was before this Court on a former writ of error where there was a judgment for plaintiff which was reversed by this Court. Worrell v. Ford, 91 Fla. 44 , 109 So. 440 . 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...
In this case declaration was filed in three counts. The first count was on contract. The second count was a common count for work done and materials furnished, and the third was a common count for money found to be due on account stated. The sufficiency of the declaration was not challenged by demurrer or otherwise. There were five pleas to the declaration. There was issue joined on the first plea and replication filed to the remaining four pleas. Trial was had, resulting in a verdict in favor...
In this case the appellant agreed to purchase and one Moscovitz agreed to sell under certain conditions, which are not material to the issue here, certain lands in Orlando, Florida. Moscovitz acknowledged receipt of $1,000.00 on account of the purchase price. This $1,000.00 in the form of a check was delivered to the appellee to be held in escrow until the deal was consummated, *Page 515 or until negotiations were ended. The appellee cashed the check and held the proceeds. For reasons which are...
This appeal is from an order overruling a demurrer to a bill of complaint to cancel an alleged contract to purchase certain lands in Polk County, Florida. The contract to purchase was entered into by appellant and appellee October 24, 1925, and among other provisions contains the following: "And if the abstract shows merchantable title vested in first party and second party fails or refuses to complete *Page 1141 this deal within fifteen days after the delivery of the abstract of title by...
In this case the defendants in error brought suit against the plaintiff in error and one A. M. Beem. A declaration was filed to which demurrer was sustained and an amended declaration was then filed, in the following language: "N. T. Ritch and J. W. Alvarez, of the County of Bradford, State of Florida, by J. L. Frazee, their attorney, sue Wilson-Otwell and Cone, Incorporated, a Corporation, and A. M. Beem. For that by a certain contract duly made and executed under seal on the 12th day of April,...
This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein and upon 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...
This case comes to this Court on writ of error to judgment of the Circuit Judge of the Fifteenth Judicial Circuit of Florida denying petition for writ of habeas corpus. The judgment should be affirmed on authority of the *Page 916 opinions in the case of White v. Penton filed by this Court October 28, 1926, and reported in 110 So. 533 and in Ex Parte Amos filed in this Court January 11, 1927, and reported in 112 So. 289 , and it is so ordered. Affirmed. WHITFIELD, P. J., AND TERRELL AND BUFORD,...
H. E. Williams, the plaintiff in error, was Cashier of the Planters Bank located at Cottondale. He was also secretary and treasurer of a corporation called Gainer-Williams Company which was engaged in the lumber business. Up to November, 1926, Williams had been cashier of the bank for several years. The bank did a small business; its capital stock was fifteen thousand *Page 266 dollars. Sometime between January 2, 1926, and October 26th of that year about sixteen cashier's checks were issued by...
In this case suit was brought by defendant in error against the plaintiffs in error. On the trial it develops that no liability is proven against one of the defendants in the court below, J. K. Williams Company, a *Page 999 corporation. Thereupon non-suit was entered as to that defendant. The result of the trial was a judgment in favor of the plaintiff in the court below, defendant in error here, against Dunham-Williams Company, a corporation, and J. K. Williams. There were seven (7)...
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...
The plaintiff in error was convicted in the Circuit Court of Walton County upon an indictment in two counts, the first count charging desertion of the wife, and the second count charging withholding means of support from the wife, each count alleging that there was not existing at the time of the act complained of any such case or causes as are made ground or grounds of divorce in the State of Florida. There was a general verdict and under the authority of the decision in the case of Washington...
White was convicted of having in his possession certain fish, known as "mullett," of a size less than ten inches in length from tip of nose to fork of tail and of buying fish of that description. The offense was alleged to have been committed in Escambia County, Florida. The evidence as to the buying and having in his possession at the time and place alleged of fish such as described was sufficient as to that feature of the charge. There is no merit in the point that the evidence was obtained...
The decree appealed from is affirmed on the authority of Waterman v. Higgins, 28 Fla. 660 , 10 So.2d Rep. 97; Clarke v. Hartt, 56 Fla. 775 , 47 So.2d Rep. 819; Baars v. Alger-Sullivan Lumber Co., 81 Fla. 308 , 87 So.2d Rep. 918; Godwin's Heirs v. Godwin, _ Fla. _, 111 So.2d Rep. 240. Affirmed. WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur. *Page 609
