This cause coming on to be heard upon rehearing and the Court having heard the arguments of counsel and read and considered the briefs of the parties herein, it seems to the Court that there is no error in the judgment and that accordingly the said judgment should be and the same is now ordered affirmed. But it appearing to the Court that it is necessary that the relators below do amend their peremptory writ of mandamus so as to make the same applicable to a current tax roll, and to the present...
The final judgment and sentence herein rendered by the Criminal Court of Record upon a remand of the defendant in habeas corpus proceedings for a proper judgment and sentence in the trial court, is affirmed upon the authority of the opinion in Albert R. House v. The State of Florida, No. 233, this day filed by this Court. Affirmed. WHITFIELD, P.J., and ELLIS, TERRELL, BROWN and DAVIS, J.J., concur. BUFORD, J., not participating because of illness.
The final judgment and sentence herein rendered by the Criminal Court of Record upon a remand of the defendant in habeas corpus proceedings for a proper judgment and sentence in the trial court is affirmed upon the authority of the opinion in Albert R. House v. the State of Florida, No. 233, this day filed by this Court. Affirmed. WHITFIELD, P.J., and ELLIS, TERRELL, BROWN and DAVIS, J.J., concur. BUFORD, J., not participating because of illness.
On a writ of habeas corpus issued in 1935 by this Court, the petitioner was remanded for a proper judgment of conviction and sentence to imprisonment. It was made to appear that upon an information charging a felony, and a plea of guilty, the trial court in 1925 rendered the following as a final judgment and sentence: *Page 147 "It is the judgment of the court and the sentence of the law that you, Albert House, be taken by the sheriff or his lawful deputy to the State's Prison of the State of...
On a writ of habeas corpus issued in 1935 by this Court, the petitioner was remanded for a proper judgment of conviction and sentence to imprisonment. It was made to appear that upon an information charging a felony, and a plea of guilty, the trial court in 1925 rendered the following as a final judgment and sentence: *Page 147 "It is the judgment of the court and the sentence of the law that you, Albert House, be taken by the sheriff or his lawful deputy to the State's Prison of the State of...
On a writ of habeas corpus issued in 1935 by this Court, the petitioner was remanded for a proper judgment of conviction and sentence to imprisonment. It was made to appear that upon an information charging a felony, and a plea of guilty, the trial court in 1925 rendered the following as a final judgment and sentence: *Page 147 "It is the judgment of the court and the sentence of the law that you, Albert House, be taken by the sheriff or his lawful deputy to the State's Prison of the State of...
On a writ of habeas corpus issued in 1935 by this Court, the petitioner was remanded for a proper judgment of conviction and sentence to imprisonment. It was made to appear that upon an information charging a felony, and a plea of guilty, the trial court in 1925 rendered the following as a final judgment and sentence: *Page 147 "It is the judgment of the court and the sentence of the law that you, Albert House, be taken by the sheriff or his lawful deputy to the State's Prison of the State of...
The attorneys for the respective parties having filed in this Court a stipulation signed by the attorneys for plaintiffs in error and by the attorneys for defendants in error in and by which stipulation it is agreed by and between said attorneys that the supersedeas bond filed in connection with the writ of error taken to the final judgment entered in this cause in the Court below be discharged and cancelled, that the respondents in the Court below, now defendants in error, by said stipulation...
The attorneys for the respective parties having filed in this Court a stipulation signed by the attorneys for plaintiffs in error and by the attorneys for defendants in error in and by which stipulation it is agreed by and between said attorneys that the supersedeas bond filed in connection with the writ of error taken to the final judgment entered in this cause in the Court below be discharged and cancelled, that the respondents in the Court below, now defendants in error, by said stipulation...
Appeal dismissed on Motion of Counsel for Appellee.
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 319 Del Oro Groves, a Florida corporation, being indebted to Dr. P. Phillips in the sum of $145,324.24, did on May 1, 1925, execute to the Guaranty Title Trust Company, as Trustee, its mortgage in that amount, encumbering certain described property, to secure a note in the same amount executed and delivered to Dr. P. Phillips. Part of this mortgaged property...
Writ of Error dismissed on Motion of the Attorney General. *Page 876
The appeal is from final decree enjoining the municipality from levying taxes for debt service on the municipal assessment roll for the year 1936 on a part of a lot of land within the municipality in so far as the assessment applied to improvement made on the lot by the erection of a dwelling house thereon which was erected subsequent to the 1934 amendment to the State Constitution exempting homesteads from taxation. The involved indebtedness was incurred by bonds issued prior to the date of...
Upon separate petitions for writ of habeas corpus filed October 27, 1937, one of the Justices of this Court issued two writs of habeas corpus against the Sheriff of Leon County, Florida, returnable forthwith. The sheriff filed a return in each case stating that he held the respective petitioners in custody by virtue of a warrant of extradition issued by the Governor of Florida on October 27, 1937, attaching a copy of said Governor's warrant of rendition which commanded the apprehension and...
Plaintiff in error was Petitioner in habeas corpus proceedings in the court below. The record shows that Dr. Feld was arrested pursuant to an affidavit in the following language: *Page 765 "IN THE NAME OF THE CITY OF MIAMI BEACH AND STATE OF FLORIDA. "IN THE MUNICIPAL COURT IN AND FOR THE CITY OF MIAMI BEACH, DADE COUNTY. "VERDICT _ "SENTENCE "_ "CITY OF MIAMI BEACH, "_ "COUNTY OF DADE, "STATE OF FLORIDA. "Before the subscriber, the City Clerk in and for the City of Miami Beach, Florida,...
Defendant in error was plaintiff in the court below and sued plaintiff in error in a law action. The declaration contained two counts as follows: "The plaintiff, Margaret E. Moody, also known as Margaret E. Crowell, joined by her husband, Thomas J. Crowell, sues the defendant, Naomi Folsom Yeats, as Administratrix of the Estate of Drayton E. Folsom, deceased, for that on the 18th day of November A.D. 1935, the defendant, Naomi Folsom Yeats, as Administratrix of the Estate of Drayton E. Polsom,...
The facts in this case are substantially the same as those which precipitated the companion case of *Page 413 Yates v. Ball, decided this date. In the case at bar, the same plaintiff is attempting to impose a different liability on a different defendant and on a different theory. In Yates v. Ball, the declaration was grounded on an oral agreement more specifically detailed therein while in this case, the defendant is the corporation which Ball (in Yates v. Ball) agreed to create and capitalize...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 134 The declaration in this cause is predicated on an oral agreement to pay certain second mortgage bonds secured by a trust deed and falling due approximately four years from date of the agreement. Yates, the Plaintiff in Error, was the holder by assignment of said bonds and after much pleading not essential to detail, the case went to trial on the issue...
The writ of error brings for review judgment of conviction of grand larceny. The plaintiff in error and one Jack Miller were indicted and prosecuted jointly for the theft of a Ford Sedan automobile of the value of Six Hundred ($600.00) Dollars. The contention of the plaintiff in error is that the evidence is insufficient to sustain the verdict and judgment. We have examined the record and find ample substantial evidence to sustain the verdict and judgment and no reversible error being made to...
This is an appeal from an order of the lower court dismissing a bill of complaint filed by the appellant in the Circuit Court of Dade County. The suit was one in equity seeking the specific performance of an oral agreement to make a will. The bill of complaint alleges that the decedent's relations with the appellant had been close and intimate, appellant being the niece of the decedent, and the latter having no children. That the appellant had devoted much of her time during the last twenty...
