Cases Argued and Adjudged in the Supreme Court of Florida, Volume 3 |
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A. R. S. Hunter action Administrator.-Opinion of Court agreement alleged assumpsit Bellamy bill bond cause charge Circuit Court cited claim common law complainants Comptroller contract conveyance Cotten County Court of Equity creditors Dallas debt deceased partner declaration decree deed defendant demurrer discharge Doggett error evidence execution executor or administrator facts filed Fillyau and wife Florida fraud Gelzer heirs and terretenants incumbrance insolvency instruction interest Jefferson County John Joseph Y Judge judgment jury land Leon County liable lien mandamus McBride ment Mitchell mortgage Moseley negroes opinion paid parties payment persons plaintiff plaintiff in error plea pleaded possession principal proceeding purchase money question Ransom recover remedy rendered Roberts scire facias slaves statute of frauds statute of limitations sued suit Summerall surety survivor Tallahassee Territory of Florida THOMAS BALTZELL Thoms tion trial trust Union Bank usurious vendor void Williams writ
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Halaman 18 - ... to and may be prosecuted in the name of the State. And all bonds executed to the governor of this Territory, or to...
Halaman 123 - ... blended together, and cannot be separated upon the face of the record, the distinction is preserved by the honesty of the jury. The constitution trusts that, under the direction of a judge, they will not usurp a jurisdiction which is not in their province. They do not know, and are not presumed to know, the law ; they are not sworn to decide the law ; they are not required to decide the law...
Halaman 202 - A writ of mandamus is, in general, a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature, within the king's dominions; requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice.
Halaman 207 - The original nature of the writ, and the end for which it was framed, direct upon what occasions it should be used. It was introduced, to prevent disorder from a failure of justice, and defect of police. Therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one.
Halaman 8 - ... the jurisdiction of any court exercising authority over a subject may be inquired into in every other court, when the proceedings in the former are relied upon, and brought before the latter, by a party claiming the benefit of such proceedings.
Halaman 36 - Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
Halaman 304 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised...
Halaman 132 - Coskery, as trustee, and his successors in office, a certain tract or parcel of land in the city of Augusta, " in trust for the sole and separate use, benefit and behoof of Anna...
Halaman 304 - ... upon which such action shall be brought, or some note or memorandum thereof, shall be in writing and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.
Halaman 179 - The condition of the above obligation is such that if the said GREENBURY SMITH. Executor of the last Will and Testament of ALEXANDER SMITH. Deceased, do make or cause to be made a true and perfect inventory of all and singular the goods and chattels, rights, and credits...