Volume 27 — Florida Reports

STATEMENT. The charges referred to in the following opinion as numbered 3rd and 20th, are as follows : 3rd.

<p>Appeal from the Circuit Court for Orange county.</p> <p>Petition for rehearing.</p>

<p>Writ of Error to tlie Circut Court for Yolusia county.</p> <p>The facts of the case are stated in the opinion.</p>

<p>Appeal from the Circuit Court for Escambia county.</p> <p>The facts of the case are stated in the opinion.</p> <p>Motion to disndss appeal.</p>

<p>This is a case of original jurisdiction.</p> <p>The facts of the case are stated in the opinion.</p>

<p>Appeal from the Circuit Court for Marion county.</p> <p>The facts of the case are stated in the opinion.</p> <p>Motion to dismiss appeal.</p>

<p>Appeal from tlie Circuit Court for Clay county.</p> <p>The facts of the case are stated in the opinion.</p>

<p>Appeal from tlie Circuit Court for Clay comity.</p> <p>Tlie facts of tlie case are stated in tlie opinion.</p> <p>Motion to liave mandate issue forthwith.</p>

<p>Writ of error to the Circuit Court for Duval county.</p> <p>The facts of the case are stated in the opinion.</p>

<p>Writ of Error to the Circut Court for Leon county.</p> <p>The facts of the case are stated in the opinion.</p>

<p>Writ of Error to tlie Circuit Court for Polk county.</p> <p>The facte of the case are stated in the opinion.</p>

<p>Appeal from tlie Circuit Court for Clay county.</p> <p>The facts of the case are stated in the opinion.</p>

<p>Appeal from tiie Circuit Court for Escambia county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Appeal from tile Circuit. Court for i)uval county</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Writ of Error to the Circuit Court for Wakulla, county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>AVrit of Error to tlie Oircut Court for Duval county.</p> <p>Tlie facts of the case are stated in the opinion of the court.</p>

<p>Writ of Error to the Circuit. Court, for Clay county.</p> <p>Tlie facts of the (‘ase are stated in the opinion of the court.</p>

Writ of Error to the Circuit Court for Clay county. STATEMENT. The plaintiff in error was indicted at the last Pall term of Clay county Circuit Court for having committed a rape upon Luvinia Turnage, on the ninth day of the previous April, and having been found guilty by the jury, was sentenced by the court to be hung.

<p>This is a case oí original jurisdiction.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Appeal from tlie Circuit Court for Duval county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>This is a case of original jurisdiction.</p> <p>The facts of the ease are stated in the opinion of the court.</p>

<p>1. An administrator may maintain-ejectment to recover possession of the lands of his intestate or testator.</p> <p>2. The notice prescribed by Chapter 8505, Laws of Florida to be given by the commissioners appointed to view the premises and appraise the lands to be taken in condemnation proceedings for right of way for a railroad company, in the absence of the personal appearance of the land owner, is indispensable, and the requirement of the statute in this respect is jurisdictional and cannot be disregarded.</p> <p>3. An action of ejectment can be maintained against a railroad company to recover possession of a roadbed in use by the company, where the same has been taken without the consent of the owner, and without authority of law.</p>

<p>Appeal from the Circuit Court for Duval county.</p> <p>The facts of the case are stated in the.opinion of the court. •</p>

<p>Appeal from the Circuit Court for Orange county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Where the entry of an appeal from a judgment in an. action at law is not within thirty days before the first day of the next succeeding term of the Supremo Court, but prior thereto, the citation must he served at least, twenty-five days before such first day.</p>

<p>Appeal from the Circuit Court for Monroe county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Writ of Error to tlie Circuit Court- for Walton county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Appeal from the Circuit Court for Duval county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Writ of Error to tlie Circuit Court for Duval county.</p> <p>The facts of the case are stated in the opinion of the court.</p>

<p>Appeal from the Circuit Court for Manatee county.</p> <p>Motion to vacate super,sedeas.</p> <p>The facts of the case- are stated in the opinion of the, court'.</p>

<p>Appeal from the Circuit Court for Leon county.</p> <p>[Motion to dismiss appeal.</p>

Writ of Error to the Circuit Court for Orange count}?-. Motion to dismiss Writ of Error and vacate supersedeas. The facts of the case are stated in the opinion of the court.

<p>Appeal from the Circuit Court for Volusia comity.</p> <p>Tlie facts of the case are stated in the opinion of the court.</p>