Plaintiff in error, as plaintiff below, brought suit against defendant in error, as indorser of a promissory note. The defendant's pleas state in substance that J. A. Williams, N.M. Letts and Virginia Letts, on January 29, 1925, made and delivered to the defendant bank their promissory note in the sum of $30,000.00 payable on or before three years from date and at the same time executed and delivered their real estate mortgage securing said note; that on September 1, 1926, the note and mortgage...
Plaintiff in error, as plaintiff below, brought suit against defendant in error, as indorser of a promissory note. The defendant's pleas state in substance that J. A. Williams, N.M. Letts and Virginia Letts, on January 29, 1925, made and delivered to the defendant bank their promissory note in the sum of $30,000.00 payable on or before three years from date and at the same time executed and delivered their real estate mortgage securing said note; that on September 1, 1926, the note and mortgage...
Plaintiff in error, as plaintiff below, brought suit against defendant in error, as indorser of a promissory note. The defendant's pleas state in substance that J. A. Williams, N.M. Letts and Virginia Letts, on January 29, 1925, made and delivered to the defendant bank their promissory note in the sum of $30,000.00 payable on or before three years from date and at the same time executed and delivered their real estate mortgage securing said note; that on September 1, 1926, the note and mortgage...
Plaintiff in error, as plaintiff below, brought suit against defendant in error, as indorser of a promissory note. The defendant's pleas state in substance that J. A. Williams, N.M. Letts and Virginia Letts, on January 29, 1925, made and delivered to the defendant bank their promissory note in the sum of $30,000.00 payable on or before three years from date and at the same time executed and delivered their real estate mortgage securing said note; that on September 1, 1926, the note and mortgage...
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, *Page 1367 therefore, considered, ordered and adjudged by the Court that the said judgment of the circuit court be, and the...
Writ of error dismissed on motion of the Attorney General.
Appeal dismissed on motion of counsel for the respective parties. *Page 1387
In a suit by the lessors to cancel a contract for a ninety-nine year lease of land on the ground that the lessee had breached the contract after a payment of $3,000.00, the court decreed for the complainant lessors and denied as affirmative relief a return of the $3,000.00 paid by the lessee. By the contract, the lessors agreed "to furnish complete abstracts of title showing good record *Page 111 title in and to the said property," and that "in the event that abstracts shall not show good...
The Plaintiffs in error by their next friend brought an action against the Atlantic Coast Line Railroad Company, a railroad corporation, for damages for the wrongful death of their father, William H. Johnson, alleged to have been killed by the defendant at a railroad crossing in the town of Dunedin on the night of July 18, 1925, at about eight-thirty o'clock. The action was brought in the Circuit Court for Pinellas County two years thereafter. At the time of bringing the action the plaintiffs...
Appeal dismissed on motion of counsel for the respective parties.
The petitioner is here in response to a writ of habeas corpus based upon a petition wherein it is alleged *Page 1051 that petitioner is unlawfully imprisoned and detained by the Honorable J. A. Johnson as Sheriff of Polk County, Florida. The petition and the return thereto show that petitioner is in custody of the sheriff under and by virtue of a capias issued out of the Criminal Court of Record of Polk County based on an information wherein it is charged that the petitioner on the 8th day of...
Appeal dismissed on motion of counsel for the respective parties.
In mandamus proceedings the Circuit Court held that under Section 2899 Rev. Gen. Stats., 4593 Comp. Gen. Laws, the fees of a constable are the same as those allowed sheriffs for like services under Chapter 10091, Acts of 1925, Section 4588 Comp. Gen. Laws, and Chapter 12021, Acts of 1927, Section 4589 Comp. Gen. Laws, are not the same as the fees prescribed by Section 2891 Rev. Gen. Stats. After the ruling was affirmed on writ of error a rehearing was granted. Sections 3 and 5, Chapter 2089,...
In mandamus proceedings the Circuit Court held that under Section 2899 Rev. Gen. Stats., 4593 Comp. Gen. Laws, the fees of a constable are the same as those allowed sheriffs for like services under Chapter 10091, Acts of 1925, Section 4588 Comp. Gen. Laws, and Chapter 12021, Acts of 1927, Section 4589 Comp. Gen. Laws, are not the same as the fees prescribed by Section 2891 Rev. Gen. Stats. After the ruling was affirmed on writ of error a rehearing was granted. Sections 3 and 5, Chapter 2089,...
In mandamus proceedings the Circuit Court held that under Section 2899 Rev. Gen. Stats., 4593 Comp. Gen. Laws, the fees of a constable are the same as those allowed sheriffs for like services under Chapter 10091, Acts of 1925, Section 4588 Comp. Gen. Laws, and Chapter 12021, Acts of 1927, Section 4589 Comp. Gen. Laws, are not the same as the fees prescribed by Section 2891 Rev. Gen. Stats. After the ruling was affirmed on writ of error a rehearing was granted. Sections 3 and 5, Chapter 2089,...
In mandamus proceedings the Circuit Court held that under Section 2899 Rev. Gen. Stats., 4593 Comp. Gen. Laws, the fees of a constable are the same as those allowed sheriffs for like services under Chapter 10091, Acts of 1925, Section 4588 Comp. Gen. Laws, and Chapter 12021, Acts of 1927, Section 4589 Comp. Gen. Laws, are not the same as the fees prescribed by Section 2891 Rev. Gen. Stats. After the ruling was affirmed on writ of error a rehearing was granted. Sections 3 and 5, Chapter 2089,...
In this case the defendant in error was petitioner in the court below for writ of mandamus against the plaintiffs in error, in which proceeding it was sought to require the plaintiffs in error to pay Fred W. Newberger, a constable in Hillsborough County, certain fees for services rendered as such constable. The fees claimed were in like amounts as are provided by law to be paid to the sheriff of that county for like services. Alternative writ of mandamus issued. A demurrer was filed to the writ...
Writ of Error dismissed on motion of counsel for Plaintiffs in Error.
Plaintiff in error was indicted, tried and convicted of murder in the first degree without recommendation *Page 815 to mercy and sentenced to die by electrocution. Writ of error was taken to the judgment. Error is assigned here on the refusal of the trial court to charge the jury on the law of insanity and on the further fact that insufficient time was given the defendant to prepare for her trial. The defendant was tried on the following pleas to the indictment: (1) Not guilty. (2) Not guilty...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
Plaintiff in error was tried and convicted in the Criminal Court of Record of Polk County on an information charging that he "did unlawfully, wilfully, and feloniously set fire to and burn a building constructed for use as a dwelling, but not in actual use as a dwelling, owned by Early J. Williams and Mandy B. Williams on North Ohio Avenue in the city of Lakeland, Polk County, Florida." Motion for new trial was denied, a sentence of two years in the state penitentiary was imposed and writ of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 498 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 499 The complainant in the court below filed his bill of complaint for an injunction restraining the County Commissioners of Hillsborough County from paying the salaries of an Impounding Officer, and his deputies,...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 498 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 499 The complainant in the court below filed his bill of complaint for an injunction restraining the County Commissioners of Hillsborough County from paying the salaries of an Impounding Officer, and his deputies,...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 498 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 499 The complainant in the court below filed his bill of complaint for an injunction restraining the County Commissioners of Hillsborough County from paying the salaries of an Impounding Officer, and his deputies,...
