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CASES ARGUED AND ADJUDGED

IN THE

Supreme Court of Florida,

DURING THE YEARS 1876-7-8.

REPORTED BY

GEORGE P. RANEY, ATTORNEY-GENERAL.

VOLUME XVI.

TALLAHASSEE, FLA.:

PRINTED AT THE FLORIDIAN BOOK AND JOB OFFICE.

1878.

8 JAN 1963 LIBRARY

DeLand, Fla.

Reprinted from the original volume by the E. O. Painter Printing Co.,

1906.

JUDGES OF THE SUPREME COURT

DURING THE TIME OF THESE REPORTS.

HON. EDWIN M. RANDALL, Chief Justice.

HON. JAMES D. WESTCOTT, Jr., Associate Justices.

HON. R. B. VAN VALKENBURGH,

ATTORNEY-GENERALS.

WILLIAM ARCHER COCKE,

GEORGE P. RANEY.*

CLERKS SUPREME COURT.

FREDERICK T. MYERS,
CHARLES H. FOSTER.t

JUDGES OF THE CIRCUIT COURTS.

FIRST CIRCUIT—

SECOND CIRCUIT

THIRD CIRCUIT-
FOURTH CIRCUIT

HON. W. W. VANNESS.‡

HON. AUGUSTUS E. MAXWELL.S
HON. P. WOODSON WHITE.I
HON. WILLIAM BRYSON.
HON. ROBERT B. ARCHIBALD.
HON. JESSE H. GOSS."

HON. JAMES B. DAWKINS.++
HON. WINER BETHEL.#

FIFTH CIRCUIT

SIXTH CIRCUIT

HON. H. L. MITCHELLSS
HON. JOHN W. PRICE.II

SEVENTH CIRCUIT

HON. WM. ARCHER COCKESS

*Appointed January 3, 1877, vice Wm. Archer Cocke, term expired. +Appointed January 20, 1877, vice Frederick T. Myers, resigned. Resigned April 1, 1877. SAppointed April 2, 1877, ad interim. Term ex

pired and re-appointed June 22, 1877, ad interim. Ad interim appointment expired January, 1877. Appointed January 13, 1877. Ad interim appointment expired January, 1877. SSAppointed January 20, 1877 ||Ad interim appointment expired January, 1877. SSAppointed January 10, 1877.

CHARLES H. DUPONT.

At a meeting of the bar of the Supreme Court on Saturday, January 19th, 1878, in the Supreme Court Room, Hon. George S. Hawkins was elected President and George P. Reney, Esq., Secretary.

On motion, the President appointed the following committee on resolutions: David S. Walker, Sr., of Tallahassee, R. C. Campbell, of Pensacola, and E. J. Vann, of Madison. The committee retired, and after a short elected President and George P. Raney, Esq., Secretary.

sorrow

Resolved, That the bar of Florida has received with feelings of profound the announcement of the death of Hon. Charles Henry DuPont, which occurred at the residence of his son-in-law, Captain William B. Malone, in Quincy, Gadsden county, Florida, on October 14, 1877.

Resolved, That in the death of Judge DuPont, Florida has lost one of her most distinguished citizens. He was born in Beaufort District, South Carolina, on January 27th, 1805, graduated at Franklin College, Georgia, in 1826, and removed to Gadsden county, Florida, in 1827, since which time he has filled many high and responsible positions both in peace and in war, among them the positions of Associate Justice and afterwards ChiefJustice of the Supreme Court of Florida.

Resolved, That in whatever position he was placed he rendered important services to his country, for which and for his virtues in private life his name deserves to be cherished with grateful and lasting remem brance by his fellow-citizens.

Resolved, That as a token of our affectionate regard for him as one of our brethren, and of our gratitude for his services to our profession and our State, we will wear crape on the left arm for thirty days.

Resolved, That the Supreme Court of this State now in session be requested to cause the proceedings of this meeting to be spread upon its minutes, and that a copy thereof be sent by the Secretary to the family of the deceased.

The resolutions were unanimously adopted, and the meeting adjourned. Upon the opening of the Supreme Court on the same day, Mr. David S. Walker, Sr., addressed the court as follows:

May it please the Court:

On Tuesday last this court, in compliance with its own will, and the unanimous wish of the bar, caused to be entered upon its minutes the following order, viz:

"It is ordered that the special business for Saturday, January 19th, 1878, shall be the presentation of suitable resolutions on the death of Hon. C. H. DuPont, and an expression by the members of the court and bar of the esteem in which he was held, for his unblemished character, for his eminent services as a jurist, and for the ability, learning, dignity, and impar

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