This cause having heretofore been submitted to the Court upon the transcript of the record of the orders 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 are no errors in the said orders; it is, therefore, considered, ordered and adjudged by the Court that the said orders of the circuit court be, and the same are...
This cause having heretofore been submitted to the Court upon the transcript of the record of the orders 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 are no errors in the said orders; it is, therefore, considered, ordered and adjudged by the Court that the said orders of the circuit court be, and the same are...
This cause having heretofore been submitted to the Court upon the, transcript of the record of the order 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 *Page 525 is no error in the said order; it is, therefore, considered, ordered and decreed by the Court that the said order 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 council 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 is thereupon ordered by the Court that if within thirty days after the mandate of this Court is filed in the Circuit Court the Plaintiff Charlotte A. Turner shall enter a remittitur in the sum...
This cause having heretofore been submitted to the Court upon the transcript of the record of the final order 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 final order; it is, therefore, *Page 216 considered, ordered and adjudged by the Court that the said order of the circuit court be, and...
This cause having heretofore been submitted to the Court upon the transcript of the record of the final order 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 final order; it is, therefore, *Page 216 considered, ordered and adjudged by the Court that the said order of the circuit court be, and...
This cause having heretofore been submitted to the Court upon the transcript of the record of the final order 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 final order; it is, therefore, *Page 216 considered, ordered and adjudged by the Court that the said order of the circuit court be, and...
This cause having heretofore been submitted to the Court upon the transcript of the record of the final order 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 final order; it is, therefore, *Page 216 considered, ordered and adjudged by the Court that the said order of the circuit court be, and...
This case is here on appeal from an order overruling a demurrer to a bill of complaint seeking to revive a cause which had abated by the death of the complainant. *Page 901 In September, 1921, George A. Douglass exhibited his bill in chancery seeking a "dissolution, accounting, discovery and relief of the defendant, G. S. Young, and in so doing made J. C. Marsh, Leonard Marsh, partners doing business as Marsh Brothers, Peninsular Naval Stores Company, a Corporation; Baldwin Lewis Company, a...
This cause having heretofore been submitted to the Court upon the transcript of the record of the order 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 *Page 429 is no error in the said order; it is, therefore, considered, ordered and adjudged by the Court that the said order of the circuit court be, and the same is...
In this case the record shows that W. H. Wright and George P. Wright are brothers; that W. H. Wright was residing in the State of Alabama and George P. Wright with his wife, Maggie N. Wright, near Homestead, in Dade County, Florida. W. H. Wright bought a piece of land in Dade county and under some sort of agreement between him and George P. Wright. It was provided that George P. should occupy, cultivate and improve the land and when it was sold they would each participate in the profits, in...
In this case the record shows that W. H. Wright and George P. Wright are brothers; that W. H. Wright was residing in the State of Alabama and George P. Wright with his wife, Maggie N. Wright, near Homestead, in Dade County, Florida. W. H. Wright bought a piece of land in Dade county and under some sort of agreement between him and George P. Wright. It was provided that George P. should occupy, cultivate and improve the land and when it was sold they would each participate in the profits, in...
In this case the record shows that W. H. Wright and George P. Wright are brothers; that W. H. Wright was residing in the State of Alabama and George P. Wright with his wife, Maggie N. Wright, near Homestead, in Dade County, Florida. W. H. Wright bought a piece of land in Dade county and under some sort of agreement between him and George P. Wright. It was provided that George P. should occupy, cultivate and improve the land and when it was sold they would each participate in the profits, in...
In this case the record shows that W. H. Wright and George P. Wright are brothers; that W. H. Wright was residing in the State of Alabama and George P. Wright with his wife, Maggie N. Wright, near Homestead, in Dade County, Florida. W. H. Wright bought a piece of land in Dade county and under some sort of agreement between him and George P. Wright. It was provided that George P. should occupy, cultivate and improve the land and when it was sold they would each participate in the profits, in...
A judgment was rendered herein against the defendants below, plaintiffs in error here, for $17,500.00 damages, as joint tore feasors. Upon consideration of the record Mr. Chief Justice TERRELL, Mr. Justice WHITFIELD *Page 591 and Mr. Justice BUFORD are of the opinion that on the particular facts shown the liability is joint, while Mr. Justice ELLIS, Mr. Justice BROWN and Circuit Judge JOHNSON, sitting in lieu of Mr. Justice STRUM, disqualified, are of the opinion that the liability is not joint....
The plaintiffs in error were indicted and convicted, being charged with the offense of robbery by a person armed. The indictment charges the robbery to have been from the person of one I. L. White, the accused being armed with a dangerous weapon, to-wit: a pistol, which they had and presented at and upon the body of White with intent, if resisted by him, to kill or maim him. The charge is under the provisions of section 5055, Revised General Statutes of Florida. It is insisted by plaintiffs in...
This is an appeal from two orders sustaining objections to constructive service by publication upon certain *Page 158 defendants in a suit supposedly begun in the Circuit Court for Broward County. The first order of publication was made by the clerk on March 5, 1927, and recited that the purpose of the suit was the foreclosure of a mortgage on certain lands described in Broward county in which Woods-Hoskins-Young Company, a corporation, was complainant and the Taylor Development Company, a...
The declaration in this case, or so much of it as is necessary for consideration here, reads as follows: *Page 16 Plaintiff, John Wilcox, sues O. P. Woodcock for that heretofore, on towit: the 17th day of February, 1924, defendant O. P. Woodcock was engaged in the erection and construction of a certain building in the City of Jacksonville, County of Duval, and State of Florida, known as the Duval County Tubercular Hospital, alias Duval County Tuberculosis Hospital, and the plaintiff was in the...
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 is an appeal from an order of the court below overruling a demurrer to a bill of complaint for the foreclosure of a mortgage or trust deed. The bill was filed by the trustee for the bond holders. The controlling question in the case is whether or not the holders of the bonds, secured by the trust deed or mortgage, should have been made parties. The bill shows that the defendants, appellants here, executed and delivered said trust deed or mortgage to the complainant as trustee for the...
This is an action by the payee against the maker of a note, which note contains the following: "On or before May 20, 1928, after date promise to pay to the order of Anton Hak, Jr., at Central National Bank and Trust Company, St. Petersburg, Fla., Nine Hundred and 00/000 Dollars (900.00) for value received, with interest at the rate of ten per cent per annum from date until paid. Including attorneys fees and all costs if collected by an Attorney, or by *Page 1072 suit. This note is secured by...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 188 This is an appeal from a final decree in equity perpetually restraining the sale by the sheriff of Citrus County, under executions, of certain personal property. The bill was brought by the appellee here, The Citizens Bank of Inverness, against Wildwood Crate Ice Company, who is appellant here, and against B. D. Harris, and B. O. Bowden as sheriff of...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 28 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 29 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 30 This cause having heretofore been submitted to the Court upon the...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 28 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 29 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 30 This cause having heretofore been submitted to the Court upon the...
