On the 22nd day of June, 1937, K.C. Sinclair, plaintiff in error, with Johnnie Goseer and Bert Griffin, was informed against in the Criminal Court of Record of Dade County, Florida, charging them with breaking and entering with intent to commit grand larceny. The information was filed with the Clerk of the Criminal Court of Record on June 22, 1937. On the same day K.C. Sinclair was arraigned in open court and upon arraignment entered a plea of guilty, and on the same day the Honorable Ben C....
On the 22nd day of June, 1937, K.C. Sinclair, plaintiff in error, with Johnnie Goseer and Bert Griffin, was informed against in the Criminal Court of Record of Dade County, Florida, charging them with breaking and entering with intent to commit grand larceny. The information was filed with the Clerk of the Criminal Court of Record on June 22, 1937. On the same day K.C. Sinclair was arraigned in open court and upon arraignment entered a plea of guilty, and on the same day the Honorable Ben C....
On the 22nd day of June, 1937, K.C. Sinclair, plaintiff in error, with Johnnie Goseer and Bert Griffin, was informed against in the Criminal Court of Record of Dade County, Florida, charging them with breaking and entering with intent to commit grand larceny. The information was filed with the Clerk of the Criminal Court of Record on June 22, 1937. On the same day K.C. Sinclair was arraigned in open court and upon arraignment entered a plea of guilty, and on the same day the Honorable Ben C....
On the 22nd day of June, 1937, K.C. Sinclair, plaintiff in error, with Johnnie Goseer and Bert Griffin, was informed against in the Criminal Court of Record of Dade County, Florida, charging them with breaking and entering with intent to commit grand larceny. The information was filed with the Clerk of the Criminal Court of Record on June 22, 1937. On the same day K.C. Sinclair was arraigned in open court and upon arraignment entered a plea of guilty, and on the same day the Honorable Ben C....
Plaintiff in error was informed against for breaking and entering with intent to commit grand larceny. The information was filed in open court on June 22, 1937, and upon arraignment thereto the plaintiff in error on the same date, viz., June 22, 1937, entered a plea of guilty. He was by the Judge of the Criminal Court of *Page 419 Record in and for Dade County, Florida, on June 24, 1937, sentenced to the State Penitentiary for a period of five years. On June 25, 1937, defendant filed through...
On September 21, 1937, Honorable Ira A. Hutchison, a Judge of the Circuit Court in and for Gulf County, State of Florida, made and entered a final decree validating, ratifying and confirming bonds in the sum of $125,000.00, bearing interest at the rate of 4%, issued by the City of Port St. Joe, Florida, pursuant to an election participated in by the freeholders of said city and by them duly approved and ratified. The bonds were issued under Section 1, Article 6, of Chapter 6568, Special Acts of...
On December 21, 1937, Honorable Ira A. Hutchison, a Judge of the Circuit Court in and for Gulf County, Florida, made and entered a final decree ratifying, confirming and validating bonds issued by the City of Port St. Joe, a municipal corporation of Gulf County, Florida, in the sum of $175,000.00, bearing interest at 4% and maturing annually from 1940 to 1959, and the proceeds of the sale of the bonds to be used in dredging of a ship channel within the city limits of the City of Port St. Joe,...
This is a companion case to that of Fred P. Cone, J.M. Lee and W.V. Knott, as Constituting the Board of Administration, et al., v. State, ex rel. Florida Securities, Inc., known as case No. 2961, 185 So. 151 , in which opinion and judgment has been this day entered. See page 339 of this report. The opinion and judgment in this case is affirmed upon the grounds stated in the order of affirmance of the companion case. So ordered. TERRELL, C.J., and WHITFIELD, BROWN, BUFORD and CHAPMAN, J.J.,...
The writ of error brings for review judgment awarding peremptory writ of mandamus, return to amended alternative writ of mandamus notwithstanding. The return contains the following: "(5) Answering numbered paragraph 5, these respondents say that the allegations therein, relative to their alleged duties, consist of conclusions which require no response; but they deny that any tax was levied for the fiscal years 1934-1935, for the payment of the securities herein described, or for the purpose of...
The appeal brings for review final decree which is, in part, as follows: *Page 90 "1. That the equities of this cause are with the plaintiff, F.H. Engelken, whose name is sometimes written as F.H. Von Engelken, and as Frederick H. Engelken, and as Frederick H. Von Engelken, and that said plaintiff is entitled to a decree of foreclosure and sale. "2. That the defendant Zachary Veneer Company, a corporation, is trustee ex maleficio of the real estate conveyed to it by the defendant, Pena L. Cave,...
On petition for writ of certiorari it was made to appear that Honorable J.B. Johnson, a Judge of the Circuit Court of Leon County, Florida, on November 4, 1937, entered an order directing Frank Stoutamire, as Sheriff, to retain in his possession the sum of $2278.90 for disbursement on an order to be later issued by a court of competent jurisdiction of the State of Indiana. The order *Page 537 is predicated on a bill of complaint filed by Cary G. Sander and Clara E. Knronhngold against Donald...
In these habeas corpus proceedings, instituted separately by Donald Young and Elsie Mae Young in this court and thereafter consolidated and considered and decided together, this court has heretofore rendered a decision upholding the validity of the Governor's warrant of extradition under which the petitioners here being held in custody and made an order remanding the petitioners to the custody of the respondent Sheriff. In said habeas corpus proceeding, this court made an order authorizing said...
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 555 This appeal is from the final decree dismissing the bill of complaint, and from several prior orders of the court. On August 25, 1931, John W. Boatright executed four deeds, which were dated August 13, 1931, conveying to his son and to his daughter two pieces of property each. Two deeds were made conveying the "NW 1/4 of the NW 1/4 of Sec. 11, Twp. 37 S.,...
This suit was brought against the administrator and the heirs of an elderly lady decedent, to require conveyances in the nature of a specific performance of an alleged oral contract of the decedent with her nephew, the plaintiff, to devise real estate to him including the home of the decedent; the alleged consideration for the oral contract being personal attentions and business services and assistance rendered by the plaintiff nephew to the decedent at her request during the last months of her...
Plaintiff in error, Jim Wilson, was convicted in the Circuit Court of Okaloosa County, Florida, for a violation of Section 7383 C.G.L., and was sentenced to the State Penitentiary at hard labor for a period of four years, and on writ of error here seeks a reversal thereof in this Court. The lower court granted a motion for severance and the defendant was placed on trial alone. During the progress of the trial in the lower court, the defendant, while on the stand, denied that he at any time had...
Writ of error brings for review judgment of conviction under an information filed in the Criminal Court of Record in and for Dade County, Florida, as follows, to-wit: "THE STATE OF FLORIDA v. CHARLES WILSON AND RALPH MORTON. "INFORMATION FOR OPERATING A GAMBLING HOUSE. "IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: *Page 392 "ROBT. R. TAYLOR, County Solicitor for the County of Dade, prosecuting for the State of Florida, in the said County, under oath, information makes that Charles...
Writ of error brings for review judgment of conviction under an information filed in the Criminal Court of Record in and for Dade County, Florida, as follows, to-wit: "THE STATE OF FLORIDA v. CHARLES WILSON AND RALPH MORTON. "INFORMATION FOR OPERATING A GAMBLING HOUSE. "IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: *Page 392 "ROBT. R. TAYLOR, County Solicitor for the County of Dade, prosecuting for the State of Florida, in the said County, under oath, information makes that Charles...
Writ of error brings for review judgment of conviction under an information filed in the Criminal Court of Record in and for Dade County, Florida, as follows, to-wit: "THE STATE OF FLORIDA v. CHARLES WILSON AND RALPH MORTON. "INFORMATION FOR OPERATING A GAMBLING HOUSE. "IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: *Page 392 "ROBT. R. TAYLOR, County Solicitor for the County of Dade, prosecuting for the State of Florida, in the said County, under oath, information makes that Charles...
Writ of error brings for review judgment of conviction under an information filed in the Criminal Court of Record in and for Dade County, Florida, as follows, to-wit: "THE STATE OF FLORIDA v. CHARLES WILSON AND RALPH MORTON. "INFORMATION FOR OPERATING A GAMBLING HOUSE. "IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA: *Page 392 "ROBT. R. TAYLOR, County Solicitor for the County of Dade, prosecuting for the State of Florida, in the said County, under oath, information makes that Charles...
Frank H. Logan brought this action in trover against Wilson Cypress Company and C W. Newman as joint defendants. The issues were made up and a trial resulted in a verdict and judgment for the plaintiff which on appeal was reversed by this Court. Wilson Cypress Co., et al., v. Logan, 120 Fla. 124 , 162 So. 489 . A second trial also resulted in a verdict and judgment for plaintiff, a new trial was denied and the instant writ of error was prosecuted. The goods alleged to have been wrongfully...
On October 19, 1937, Clarence Williams, plaintiff in error, was informed against in the Criminal Court of Record of Duval County, Florida, for having in his possession lottery tickets contrary to Section 7667 C.G.L. He was arraigned, placed upon trial, was by a jury convicted and by the trial court sentenced to the State Pententiary at hard labor for a period of eighteen months, and upon a writ of error seeks a reversal thereof in this Court. The sole assignment relied upon is the sufficiency...
Shellie Williams, plaintiff in error, was convicted on two counts of an indictment by a jury of St. Lucie County, Florida, and was by the trial court sentenced to the State Penitentiary at hard labor for a period of ten years. He has perfected his appeal here and seeks a reversal thereof in this Court. One of his contentions is that each count of the indictment is fatally defective. We have examined each count and hold that the assignment is without merit. See Turner v. State, 66 Fla. 404 , 63...
