Appeal dismissed on motion of counsel for Appellant.
The facts are similar, and the principles of law stated in the case of Andersen, et al., v. State ex rel. Bauer, heretofore decided in the foregoing opinion, 143 So. 2d 775 , are controlling in this case. But as the amounts commanded to be paid to the relator in this case, exceeds the amounts the respondents aver they have on hand and under their control, with which to make the commanded payment, the final order granting the peremptory writ herein must be reversed. The effect of the trust...
The facts are similar, and the principles of law stated in the case of Andersen, et al., v. State ex rel. Bauer, heretofore decided in the foregoing opinion, 143 So. 2d 775 , are controlling in this case. But as the amounts commanded to be paid to the relator in this case, exceeds the amounts the respondents aver they have on hand and under their control, with which to make the commanded payment, the final order granting the peremptory writ herein must be reversed. The effect of the trust...
The facts are similar, and the principles of law stated in the case of Andersen, et al., v. State ex rel. Bauer, heretofore decided in the foregoing opinion, 143 So. 2d 775 , are controlling in this case. But as the amounts commanded to be paid to the relator in this case, exceeds the amounts the respondents aver they have on hand and under their control, with which to make the commanded payment, the final order granting the peremptory writ herein must be reversed. The effect of the trust...
The facts are similar, and the principles of law stated in the case of Andersen, et al., v. State ex rel. Bauer, heretofore decided in the foregoing opinion, 143 So. 2d 775 , are controlling in this case. But as the amounts commanded to be paid to the relator in this case, exceeds the amounts the respondents aver they have on hand and under their control, with which to make the commanded payment, the final order granting the peremptory writ herein must be reversed. The effect of the trust...
Appeal dismissed on motion of counsel for the respective parties.
This is an original proceeding in Mandamus *Page 500 in this Court to require Sheriff R. C. Baker of Palm Beach County to make sheriff's deed to lands sold under execution to the execution creditor, where the lands were sold for less than the amount of the judgment and sold for less than the taxes assessed outstanding and unpaid against the property, upon payment of the costs. It appears to be well settled that where a judgment creditor is the purchaser of property under execution sale and the...
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 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 hereby...
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, 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 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,...
In this cause Mr. Chief Justice Buford, Mr. Justice Whitfield and Mr. Justice Ellis are of opinion that the decree of the Circuit Court should be reversed and the cause remanded while Mr. Justice Terrell, Mr. Justice Brown and Mr. Justice Davis are of opinion that the said decree should be affirmed. When the members of the Supreme Court, sitting six members *Page 355 in a body and after full consultation, it appears that the members of the Court are permanently and equally divided in opinion as...
This is a suit to foreclose as a mortgage a written instrument designated a "Bill of Sale and Contract" respecting a sale of property described as "Broom Works now located in the town of Ft. Meade, Fla., on premises leased from Charleston S.C. Mfg. Co." The instrument contains the following: "The above described broom works consists of one foot and power broom winder, one Lip Walrath Sewing Machine, one broom clipper, one broom scraper, one electric motor, together shafting, belts, etc., one...
James A. Yates, as Trustee, Richard P. Marks, Sam R. Marks, Francis M. Holt and E. R. Bradley, exhibited their amended bill of complaint in the Circuit Court of Duval County, against Peninsular Securities Corporation, Waikiki Beach Corporation, St. Johns Beach Development Company, Almours Securities, Inc., Edward *Page 803 Ball and Alfred I. DuPont. Demurrers were sustained to the amended bill, and the complainants have appealed. The facts set up in the amended bill may be summarized as follows:...
James A. Yates, as Trustee, Richard P. Marks, Sam R. Marks, Francis M. Holt and E. R. Bradley, exhibited their amended bill of complaint in the Circuit Court of Duval County, against Peninsular Securities Corporation, Waikiki Beach Corporation, St. Johns Beach Development Company, Almours Securities, Inc., Edward *Page 803 Ball and Alfred I. DuPont. Demurrers were sustained to the amended bill, and the complainants have appealed. The facts set up in the amended bill may be summarized as follows:...
James A. Yates, as Trustee, Richard P. Marks, Sam R. Marks, Francis M. Holt and E. R. Bradley, exhibited their amended bill of complaint in the Circuit Court of Duval County, against Peninsular Securities Corporation, Waikiki Beach Corporation, St. Johns Beach Development Company, Almours Securities, Inc., Edward *Page 803 Ball and Alfred I. DuPont. Demurrers were sustained to the amended bill, and the complainants have appealed. The facts set up in the amended bill may be summarized as follows:...
James A. Yates, as Trustee, Richard P. Marks, Sam R. Marks, Francis M. Holt and E. R. Bradley, exhibited their amended bill of complaint in the Circuit Court of Duval County, against Peninsular Securities Corporation, Waikiki Beach Corporation, St. Johns Beach Development Company, Almours Securities, Inc., Edward *Page 803 Ball and Alfred I. DuPont. Demurrers were sustained to the amended bill, and the complainants have appealed. The facts set up in the amended bill may be summarized as follows:...
Maxine F. Williams, a married woman, joined by her husband, exhibited her bill of complaint against Yale Investment Company and Orange Belt Realty Corporation in the Circuit Court of Hillsborough County for the purpose of having specifically enforced a contract to sell and convey land which had been entered into by the Yale Investment Company with one Pearl Fletcher, another married woman, and thereafter assigned by Pearl Fletcher to the complainant. The court overruled special demurrers and a...
It appears from the transcript filed herein that in July, 1929, Joseph R. Dunn was appointed by the State Comptroller and confirmed by a Circuit Judge as statutory receiver of the Peoples Bank of Jacksonville, an insolvent bank under the laws of the State; that on September 1, 1932, the receiver with the approval of the State Comptroller, as provided by statute, petitioned the Circuit Judge for authority to sell stated assets of the insolvent bank and "that he be authorized to reject any and...
The plaintiff in error was convicted of murder in the first degree with recommendation to mercy in the Circuit Court of Suwannee County on the 18th day of May, 1931, and was sentenced for said offense to serve his natural life in the State prison. He sued out a writ of error and brings his case here for review. The only question presented for our consideration is: "Where there is no evidence of a premeditated design to kill, and the statute of limitations has run against all degrees of homicide...
Appeal dismissed on motion of counsel for the respective parties. *Page 886
This case is here upon writ of error to the Circuit Court of Citrus County and is based upon a judgment rendered upon a verdict in an ejectment suit in favor of plaintiff, W. S. Alyea which also found damages for mesne profits in the amount of $550.00. The declaration is couched in the statutory form and a plea of "not guilty" was entered by defendant which plea, under Section 5044, C. G. L. 1927, puts in issue the title of said lands in controversy and admits possession. Phillips v. Lowenstein,...
This case is here upon writ of error to the Circuit Court of Citrus County and is based upon a judgment rendered upon a verdict in an ejectment suit in favor of plaintiff, W. S. Alyea which also found damages for mesne profits in the amount of $550.00. The declaration is couched in the statutory form and a plea of "not guilty" was entered by defendant which plea, under Section 5044, C. G. L. 1927, puts in issue the title of said lands in controversy and admits possession. Phillips v. Lowenstein,...
This case is here upon writ of error to the Circuit Court of Citrus County and is based upon a judgment rendered upon a verdict in an ejectment suit in favor of plaintiff, W. S. Alyea which also found damages for mesne profits in the amount of $550.00. The declaration is couched in the statutory form and a plea of "not guilty" was entered by defendant which plea, under Section 5044, C. G. L. 1927, puts in issue the title of said lands in controversy and admits possession. Phillips v. Lowenstein,...
This case is here upon writ of error to the Circuit Court of Citrus County and is based upon a judgment rendered upon a verdict in an ejectment suit in favor of plaintiff, W. S. Alyea which also found damages for mesne profits in the amount of $550.00. The declaration is couched in the statutory form and a plea of "not guilty" was entered by defendant which plea, under Section 5044, C. G. L. 1927, puts in issue the title of said lands in controversy and admits possession. Phillips v. Lowenstein,...
This is a proceeding in habeas corpus brought by Charles H. Wilson to procure his discharge from custody under a judgment of contempt entered by the Honorable L. L. Parks, one of the Circuit Judges of the Thirteenth Judicial Circuit of Florida, in and for Hillsborough County. The Rule to Show Cause issued to Wilson contained the following allegation: "That from the said testimony the said Henry A. West testifies that you, the said Charles H. Wilson, did on the night of Saturday, February 27th A....
The facts are stated in the opinion by the Chief Justice filed herein. In Ex Parte Earman, 85 Fla. 297 , 95 So. 755 , 31 A. L . R. 1226, the contempt charged was language used in a letter written to a circuit judge by a judge of the municipal court. The letter was not clearly contemptuous in its import and it expressly stated it was written for "information, and as a communication from a judge of an inferior court to the judge of an appellate court" as "a statement of facts." It was held that...
The facts are stated in the opinion by the Chief Justice filed herein. In Ex Parte Earman, 85 Fla. 297 , 95 So. 755 , 31 A. L . R. 1226, the contempt charged was language used in a letter written to a circuit judge by a judge of the municipal court. The letter was not clearly contemptuous in its import and it expressly stated it was written for "information, and as a communication from a judge of an inferior court to the judge of an appellate court" as "a statement of facts." It was held that...
The facts are stated in the opinion by the Chief Justice filed herein. In Ex Parte Earman, 85 Fla. 297 , 95 So. 755 , 31 A. L . R. 1226, the contempt charged was language used in a letter written to a circuit judge by a judge of the municipal court. The letter was not clearly contemptuous in its import and it expressly stated it was written for "information, and as a communication from a judge of an inferior court to the judge of an appellate court" as "a statement of facts." It was held that...
The facts are stated in the opinion by the Chief Justice filed herein. In Ex Parte Earman, 85 Fla. 297 , 95 So. 755 , 31 A. L . R. 1226, the contempt charged was language used in a letter written to a circuit judge by a judge of the municipal court. The letter was not clearly contemptuous in its import and it expressly stated it was written for "information, and as a communication from a judge of an inferior court to the judge of an appellate court" as "a statement of facts." It was held that...
