Plaintiff in error was tried and convicted in the Criminal Court of Record for Dade County on an *Page 109 information charging embezzlement, Sec. 5146, Rev. Gen. Stats. of Fla., 1920. Motion for new trial was denied and a sentence of three years in the State penitentiary was imposed. Writ of error was taken to the judgment. Error is first predicated on the denial of a motion for continuance. From the showing in the record we do not think the defendant was given a reasonable time to prepare his...
On October 9th, 1923, appellee filed his bill of complaint in the Circuit Court of Alachua County, Florida, praying for a mandatory injunction against appellant requiring him to open certain public roads which he (appellant) had closed by causing fences to be constructed across them. On hearing a temporary mandatory injunction was granted which order was affirmed by this Court in Zetrouer v. Zetrouer, 89 Fla. 253 , 103 So.2d Rep. 625, where the law of the case was fully covered. On final...
Appeal dismissed on motion of counsel for Appellants;
Appeal dismissed on motion of counsel for Appellee.
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 said decrees. It is, therefore, considered, ordered and decreed by the Court that the said decrees of the Circuit Court be, and the same are hereby...
Appeal dismissed on motion of counsel for Appellee.
The Chief Justice, Mr. Justice WHITFIELD and Mr. Justice TERRELL, are of opinion that the decree should be reversed. Mr. Justice STRUM, Mr. Justice BROWN and Mr. Justice BUFORD are of the opinion that the decree should be affirmed. When the members of the Supreme Court sitting six members in a body and after full consultation it appears that the members of the Court are permanently and equally divided in opinion as to whether the judgment should be affirmed or reversed, and there is no prospect...
In this case the appellee filed bill for divorce. After demurrer had been submitted and overruled appellant filed an answer asking for affirmative relief. Decree pro confesso was entered on the 6th day of September, 1926, against the complainant on the allegations of the answer. A master was appointed on October 26th. The testimony was taken before the special examiner on the 20th day of December, 1926, more than three months after the date of the entry of the decree pro confesso and without an...
Plaintiffs in error were indicted, tried and convicted in Lake County, Florida, as principals in the second degree to the crime of robbery. On careful analysis of the record we do not think the verdict in this case accords with the manifest weight of the evidence or with the justice of the cause, so the judgment will be and is hereby reversed and a new trial awarded. Ming v. State, 89 Fla. 280 , 103 So.2d Rep. 618. Reversed. WHITFIELD, P. J., AND TERRELL AND BUFORD, J. J., concur. ELLIS, C. J.,...
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 *Page 1021 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 decreed by the Court that the said decree of the Circuit Court be and the same is...
In this case demurrer to an original bill of complaint was sustained. Likewise was a demurrer to the amended bill of complaint sustained. A second amended bill of complaint was filed. A demurrer was interposed thereto and was sustained and order made dismissing the bill. From the order sustaining the demurrer to the second amended bill of complaint and dismissing such bill of complaint appeal was taken. In short, the allegations of the bill are that the complainant was in need of $1,500.00 and...
In 1916, J. E. Buxton of Middletown Springs, Vermont, procured a loan for J. M. Willson of Kissimmee, Florida. Willson secured said loan with a mortgage on certain lands owned by him in or near Kissimmee, Florida. The loan was increased from time to time and was secured by mortgages on the same or additional lands. In 1921 said loans aggregated $26,000.00 when Willson executed to Buxton his deed to the lands described in the mortgage previously referred to. About one year after the last named...
Defendant in error, T. R. Parker, brought an action against plaintiff in error, Harry H. Willock, to recover commissions for procuring a purchaser ready, able, and willing to purchase certain real estate, the property of the said Harry H. Willock. Parker was awarded a verdict and judgment in the sum of $7,500.00 from which writ of error was taken to this Court. It is contended here that the evidence does not support the pleadings; that the evidence does not support the verdict; that evidence...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 610 Suit was filed by certain tax payers and citizens of the State of Florida seeking to enjoin the performance of a certain contract let by the State Road Department for the construction of a certain hard-surfaced highway in Levy County, Florida, from Bronson, in Levy County, to the Marion County line, approximately 15.01 miles, and being a part of the...
Writ of Error dismissed on motion of the Attorney General.
This cause having been submitted to the Court upon 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 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 hereby affirmed....
In a suit to enforce a mortgage lien upon the interest of Allie Jeanette Wilkins, a married woman, in real estate, the bill of complaint alleges that V. D. S. Wilkins, being indebted to J. B. Charles in the sum of $13,500.00, by his certain promissory note now overdue, for value received, promised to pay to the order of said J. B. Charles the sum of $13,500.00; that to secure the payment of the said note, V. D. S. Wilkins and Allie Jeanette Wilkins made, executed and delivered a mortgage deed...
Appeal dismissed on motion of counsel for Appellees.
Appeal dismissed on motion of counsel for Appellees.
