This was a suit to enforce the provisions of a declaration of trust. It is not contended that the trust was not enforceable if the declaration of trust was made, executed and delivered in the manner and form alleged in the bill of complaint as amended. There is substantial evidence disclosed by the record to sustain the contention that the declaration of trust was made, executed and delivered in the manner alleged in the bill of complaint, although there is contrary evidence. *Page 605 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 is no error in the order appointing a receiver; it is, therefore, considered, ordered and decreed by the Court that the said order of the Circuit Court be, and the...
Plaintiff in error was convicted in Criminal Court of Record of Dade County of the offense of knowingly receiving and concealing certain property which had been stolen from the owner, the accused knowing at the time he was alleged to have received and concealed the property that the same had been stolen and was then stolen property. The record shows that the accused was a merchant and *Page 697 that it was his practice to accept jewelry and personal property in pledge for the payment of...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
This cause, having heretofore been submitted to the Court upon the transcript of the record and 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...
The writ of error herein was taken to a judgment for the defendant in an action of assumpsit on common counts. The court stated in the charge to the jury that a plea of the general issue was filed in the cause but it does not appear in the record. There were special pleas of set off and counter claim, and also a plea of the three-year statute of limitations. Plaintiff in error presents and argues two questions, viz.: "1. Whether the plaintiff in this cause is entitled to a new trial under the...
This is the second appearance of this case in this Court. A previously entered judgment for defendant below was by this Court reversed in Wolfe v. City of Miami, 103 Fla. 774 , 134 Sou. Rep. 539, also 137 Sou. Rep. 892. Upon a retrial of the issues of the case after remand verdict for the defendant below was again returned. Thereafter an order awarding plaintiff below a new trial was entered by the trial court. From this order granting plaintiff below a new trial, writ of error was sued out by...
Since this case was argued and submitted this Court has decided the cases of Atlantic Coast Line R. Co. v. City of Winter Haven, 112 Fla. 807 , 151 Sou. Rep. 321, wherein it was held that if special improvement liens have been validly entered, but are for excessive amounts, the excess may be judicially annulled in appropriate proceedings, on proper allegations and proofs invoking the application of the rule stated in that decision. In order that the present case may be reconsidered in the court...
Since this case was argued and submitted this Court has decided the cases of Atlantic Coast Line R. Co. v. City of Winter Haven, 112 Fla. 807 , 151 Sou. Rep. 321, wherein it was held that if special improvement liens have been validly entered, but are for excessive amounts, the excess may be judicially annulled in appropriate proceedings, on proper allegations and proofs invoking the application of the rule stated in that decision. In order that the present case may be reconsidered in the court...
Since this case was argued and submitted this Court has decided the cases of Atlantic Coast Line R. Co. v. City of Winter Haven, 112 Fla. 807 , 151 Sou. Rep. 321, wherein it was held that if special improvement liens have been validly entered, but are for excessive amounts, the excess may be judicially annulled in appropriate proceedings, on proper allegations and proofs invoking the application of the rule stated in that decision. In order that the present case may be reconsidered in the court...
Since this case was argued and submitted this Court has decided the cases of Atlantic Coast Line R. Co. v. City of Winter Haven, 112 Fla. 807 , 151 Sou. Rep. 321, wherein it was held that if special improvement liens have been validly entered, but are for excessive amounts, the excess may be judicially annulled in appropriate proceedings, on proper allegations and proofs invoking the application of the rule stated in that decision. In order that the present case may be reconsidered in the court...
This is an application by the Appellants seeking to invoke the powers of this Court to issue a constitutional writ under Section 5 of Article V of the Constitution, it being alleged that the issuance of the writ prayed for is necessary to preserve the subject matter of the controversy pending the decision of this appeal. The suit below was a bill in equity brought by the complainants for the purpose of securing the appointment of a receiver pendente lite to manage and operate the Mach Lumber...
Emil Mach died testate at Kissimmee, Florida, May 7th, 1933. Among other properties he left a going business consisting of a lumber and crate mill which was the major portion of his estate. The decedent was a bachelor without dependents. By his will he bequeathed all his estate to his brothers, Otto and Ernest Mach, and Mary Selina Mosgrove, his housekeeper. He designated Otto Mach and Mary Selina Mosgrove as his executors and *Page 106 authorized them to operate the lumber and crate mill so...
Appeal dismissed on motion of counsel for Appellants.
Plaintiff in error was indicted upon the charge of murder in the first degree and was convicted of the offense of murder in the second degree. He contends here that the evidence was not sufficient to support a verdict of murder in the second degree, relying upon Holton v. State, 87 Fla. 65 , 99 So. 244 , and on Russell v. State, 91 Fla. 370 , 107 So. 922 . The law as enunciated in neither of those cases is applicable here. In this case there was ample evidence from which the jury could have...
In this case defendants in error recovered a judgment against plaintiff in error in the court below for damages received by the plaintiffs when an automobile driven by the defendant came into collision with an automobile in which the defendants in error were then sitting. The facts disclosed by the record are that plaintiffs, King and wife, were driving in a westerly direction over the Lakeland and Auburndale road when they observed heavy smoke covering the highway ahead and King, who was...
This was a suit in trover for the conversion of certain logs, some pine and some cypress. Defendant in error was plaintiff in error below and recovered judgment against the defendant there, plaintiff in error here. The record shows that most of the logs which were converted by the plaintiff in error to its own use were cut and removed from lands in Volusia County and were delivered to the plaintiff in error in Putnam County. A small number of the logs were cut and removed from lands in Lake...
This was a suit in trover for the conversion of certain logs, some pine and some cypress. Defendant in error was plaintiff in error below and recovered judgment against the defendant there, plaintiff in error here. The record shows that most of the logs which were converted by the plaintiff in error to its own use were cut and removed from lands in Volusia County and were delivered to the plaintiff in error in Putnam County. A small number of the logs were cut and removed from lands in Lake...
This was a suit in trover for the conversion of certain logs, some pine and some cypress. Defendant in error was plaintiff in error below and recovered judgment against the defendant there, plaintiff in error here. The record shows that most of the logs which were converted by the plaintiff in error to its own use were cut and removed from lands in Volusia County and were delivered to the plaintiff in error in Putnam County. A small number of the logs were cut and removed from lands in Lake...
This was a suit in trover for the conversion of certain logs, some pine and some cypress. Defendant in error was plaintiff in error below and recovered judgment against the defendant there, plaintiff in error here. The record shows that most of the logs which were converted by the plaintiff in error to its own use were cut and removed from lands in Volusia County and were delivered to the plaintiff in error in Putnam County. A small number of the logs were cut and removed from lands in Lake...
The County of Hillsborough on the 9th day of December, 1932, was the owner of two small lots of land lying in the southeast quarter of the southwest quarter of section seven in township thirty-two south, range nineteen east. A complete description of the property is unnecessary. It is sufficient to say that they were separated by the right of way of the Tampa Southern Railroad. For convenience the small triangular tract lying north of the railroad will be referred to as Tract No. 1, while the...
Writ of error dismissed on motion of counsel for Plaintiff in Error.
The appeal here is from an order dismissing a bill of complaint, the purpose of which was to procure a decree allowing the appellant to take dower in the estate of her deceased husband instead of taking under the provisions of a probated will and testament of such husband, in which will she was named as a beneficiary and also as a co-executrix, and to require an accounting from her co-executrix and attorneys employed in the proceedings relative to the probate of the will and the handling of the...
