Volume 11 — Florida Reports

This case was decided at Tallahassee. Appeal from Suwannee Circuit Court.

<p>1. The aeceptame of a trust by the trustee named in the deed, is not essential to its validity.</p> <p>3. The mere possession of slaves by the cestui que trust, if consistent with the objects of the trust, is no evidence of the merger of the equitable estate.</p> <p>3. Where a life estate in slaves is given to one and remainder to her children, naming them, with a proviso that if one of the remainder men should die before the life-tenant,‘her children should be substituted in her place: Held that the limitation over is not too remote, but comes fully within the established rule.</p> <p>4. Full faith and credit is to be given to the judgments and decrees of the Courts of a sister State of the Confederacy; but they are examinable to see whether or not the parties were properly before the Court rendering the judgment or decree, and whether the subject-matter was within its jurisdiction.</p> <p>-5. A statutory guardian has no authority to compromit the estate of his ward by becoming a party to a consent decree.</p>

The testator devised as follows:—“I give and Bequeath to my friend Charles K. Miller, Sarah and William Henry, in trust, that he will, allow the said Sarah to go, if she wishes, to any free State, and tfor that purpose I direct my executor to pay him out of my estate one hundred dollars, and upon trust that he will have William Henry bound out to a useful trade until he is twenty-one, and upon further trust that he will allow Sarah and William Henry to enjoy such privileges…

Judgment reversed and cause remanded. This case was decided at Tallahassee. Appeal from Gadsden Circuit Court. A statement of the case is contained in the opinion of the court.

An ordained local preacher of the Methodist Episcopal Church, South, who is proved to have been in the regular discharge of his ministerial duties, at the date of the passage of the act of Congress entitled “ an act to organize forces to serve during the war,” approved February 17th, 1864, and continues so to be, is, by virtue of the provisions of said act, exempted from the obligation to perform military service. This case was decided at Tallahassee.

<p>This case ivas decided at Tallahassee.</p> <p>A statement of the case is contained in the opinion of the court.</p>

A County Commissioner is exempted under the act of Congress of October 11th, 1860, which enacts, “ that the officers, judicial and executive, oJ the State governments shall be exempted from military service,” notwithstanding he was not such “officer at the tinie of his enrolment, but Was ■electee} and -qualified afterwards. This case was decided at Tallahassee.

A statement of the case is contained in the opinion of the court. Held: that the lien of an execution is not affected by the death of the debtor, though his estate is reported insolvent. Carpenter vs. Martin, 5 Ala., 217. In Kentucky, statute precisely like ours, viz : Charles 2d, it was held that the lien was as absolute before levy as after it. Savage vs. Best, 3 How. U. S., .318, 320.

<p>1. An attachment bond is sufficient if given in double the amount of the debt or sum specified by certain and express agreement.</p> <p>2. When a specified amount of interest is claimed by the affidavit, in addition to the debt, the bond must be given in double the amount of the man demanded.</p>

This case was decided at Tallahassee. Appeal from Leon Circuit Court. The lion. Sam. J. Douglas, Associate Justice, being disqualified, having been of counsel in this case, the Hon. T. T. Long, Judge of the Suwannee Circuit, was called in and sat in his place.

<p>1. In the absence of a bill of exceptions, the presumption is that there was evidence before the jury to support the verdict,</p> <p>2. AUthe/acfe of the case and the points excepted to should be fully unci dearly set forth in the bill of exceptions.</p> <p>3. If the case be so imperfectly stated as that the appellate court cannot see how it should be decided, the judgment will be reversed and a new trial awarded. _</p> <p>4. If the parties cannot agree upon the facts and evidence to be contained and set out in a bill of exceptions, the matter should be referred to the Judge, who, from his notes taken on the trial, or from memory, is able to correct the hill of exceptions, and make it conform to what took place on the trial.</p> <p>5. When exceptions are taken to the charge of tlie Judge on points of laws, the bill of exceptions should set forth the evidence, that the appellate court may see if the law, as expounded by the court, is applicable to the case.</p> <p>⅞. The same is the case where the Judge refuses to give instructions asked. <7. The statute which confines the charge of the Judge to matters of law, does not release him from the duty of knowing the evidence given on the trial. It is important that he should know the evidence to enable him to charge the jury correctly on the law of the case as applicable to •it, and to decide properly on a motion for new trial.</p>

This case teas decided at Tallahassee. Appeal from Suwannee Circuit Court. A statement of the case is contained in the opinion of the Court.

Writ of error from a judgment or order of Leon Circuit Court. Tins case was decided at Tallahassee.

Leon Circuit Court. This case was decided, at Tallahassee. A statement of the case is contained in the opinion of the court. It was error, after sworn bill and answer, and order, purporting to settle the equities of the case, and for an injunction, receiver and reference to Master, for the Chancellor to have passed an order, without notice, making John A. Ma-crae, executor of Colin Macrae, deceased, a party to a sworn bill on petition not sworn to.

This case was decided at Tallahassee. A statement of the case is contained in the opinion of the Court. Under the first assignment of error, we remark that the instrument called for being in custody of the agent of Key-ser, notice to the agent to produce it was sufficient. Benton vs. Payne, 2 Car. & Payne, 520; St. Clair vs. Stevenson, 1 Car. & Payne, 582.

This case was decided at Tallahassee. A statement of the case is contained in the opinion of the Court. Calba Sumpter, the appellant, and one Hector Thorn, on or about the 1st of November, 1866, were arrested under warrants issued by Justices of the Peace in and for said State and County, upon the charge of administering poison. Upon this charge they were committed to jail, to await their trial before the Suwannee Circuit Court, at the Fall Term, A. D. 1866.

This case was decided at Tallahassee. A statement of the case is contained in the opinion of the court. This is a proceeding by petition to foreclose a mortgage executed on divers slaves to secure a debt due by appellant to the appellees. This mortgage was executed on the 2d day of May, 1859, upon certain slaves therein named. The proceeding to foreclose is under the statute, and was hied in the Circuit Court of Santa Kosa county on the 12th of June, 1866.

This case was decided at Tallahassee. Douglas, J., being disqualified to sit in this case, having been of Counsel therein in the Court… Held: that a check should be presented and payment demanded within a reasonable time, as well to charge the drawer as endorser; and Mr. Justice Cowen, in the case of Little vs. Phoenix Bank, 2 Bill’s Rep., 432, affirms the doctrine in Barker vs. Armstrong, and says, “ there are no adjudications to the contrary.” The utmost length to which…

<p>1. The Ordinance of tlie Convention, adopted Nov. 7th, 1865, is applicable to suits upon all contracts made during the war, whether express or implied, written or verbal.</p> <p>2. It does not annul or defeat such contracts, or any existing obligation, but gives additional rules of evidence to enable the Courts to construe</p> <p>, these contracts according to the intention of the parties at the time, d. The words “ or consideration contemplated,” refer to service, hire, money loaned, or to anything not being property that would in law be regarded as a valuable consideration.</p> <p>4. When a contract contemplated payment in Confederate Notes, the defendant may prove the value at which they were estimated at the time of the formation of the contract.</p> <p>5. It is error to direct the jury to find the value of Confederate Notes at the date of the contract, when there is no evidence before the Court that such value was estimated and agreed upon by the parties.</p>

<p>Appeal from Jackson Circuit Court.</p> <p>This case was decided at Tallahassee.</p> <p>A statement of the case is contained in the opinion of the court.</p>

<p>1. In a suit by the State against an individual for the recovery of a money demand, a plea of “ set-off” is of no avail, unless the terms of the statute (Thomp. Dig., 417,) be strictly complied with.</p> <p>2. Public policy requires of those charged with the collection of the public revenue, the observance of the utmost good faith and promptitude in the discharge of their duties, and hence they are to be held to the most rigid accountability.</p> <p>3. An officer charged with the duty of collecting the public revenue is .allowed to receive, in payment of the same, only such obligations of the State as are by law made receivable in the payment of public dues; and in accounting with the Treasury department, or in defending himself against a suit by the State, he is not entitled to any other claim or demand, unless the same is based upon a transaction in which himself and the State were the immediate parties, and which the State is legally or equitably bound to discharge.</p> <p>4. Nor is such officer authorized to make himself a creditor of the State, by dealing in or purchasing claims against the same. It is his duty to collect the revenues of the State in currency, or in such obligations as are made receivable, and to pay the same into the Treasuiy. It is no part of his duty either to audit or pay claims against the State—that is the peculiar function of the Comptroller and Treasurer.</p> <p>5. Where a plea is demurred to, and, by consent of parties, both the law and facts of the case are submitted to the Judge for his adjudication, the defendant waives his right to the benefit of a judgment “respondeat ouster," should the demurrer be sustained.</p> <p>6.It is no ground of error to enter a judgment “ nunc pro tune," when the entry had been omitted to be made at the proper time.</p>

This case was^ decided at Tallahassee. The opinion of the Court contains a statement of the case so far as relation is had to the points decided.