Volume 54 — Florida Reports

This case was decided by Division B. Writ of Error to the Circuit Court for Walton County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Taylor county.. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Clay County. The facts in the case are stated in the opinion of the court.

This case was decided by the Court En Banc¡ ■ . Writ of Error to the Criminal Court of Record, for Duval county. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Lee county. The facts in the case are stated in the opinion of the court.

<p>r. It has been the general practice in the trial courts in this State, when a party charged with felony has been brought to the bar for arraignment to inquire of the accused whether he had counsel to represent . him, and if upon inquiry it developed that he had no attorney and was unable to employ one, to ask the accused whether he desired one to represent him. If he was unable to employ counsel and signified his desire to be represented by one, then it has been the practice for the trial judge to appoint some attorney to represent the accused. This practice is in accord with the letter and spirit of Section II of the Bill of Rights and Section 3969 of the General Statutes of 1906.</p> <p>2. It is the duty of counsel, designated by the court, to give his professional assistance to an accused person who is unable to employ counsel.</p> <p>3. Where the record does not show affirmatively that an accused person of mature age unable to employ counsel was denied the benefit of the assistance of one, it must be presumed that the trial judge did his duty and that the accused waived the benefit of counsel.</p>

This case was decided by Division B. ■ Writ of Error to the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Calhoun County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Liberty County. The facts in the case are stated in the opinion of the court.

This case ivas decided by Division A. Writ of Error to the Circuit Court for Holmes County. The facts in the case are stated in the opinion of the court.

This case-was decided by Division A. Writ of Error to the Criminal Court of Record for Escambia County. The facts in the case are stated in the opinión of the court. >

This case was decided by Division A. Writ of Error to the Circuit Court for Jackson County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Duval County. The facts in the case are stated in the opinion of the court.

<p>1. Where no objection is made at the trial to the admission of evidence, it is considered as received by consent, and objections, if any, to the evidence are waived, and an appellate court will not ordinarily consider an assignment of error based on the inadmissibility under the rules of legal procedure of the evidence so admitted without objection.</p> <p>2. Motions to strike out testimony that has been admitted in a cause must be predicated upon some feature of irrelevancy, incompetency, legal inadmissibility or impertinency in the testimony itself which the motion seeks to strike.</p> <p>3. Wh-ere testimony has already been brought out by the defendants in a criminal prosecution, even if such testimony is not strictly admissible, the defendants cannot object to its repetition when no harm is shown from the repetition.</p> <p>4. No error is committed in a criminal prosecution by the trial court instructing the jury in the general charge that “if there are conflicts between the witnesses, which you cannot reconcile, you have the right to believe one witness and disbelieve the other.”</p> <p>5. No error is committed in a criminal prosecution by the trial court in giving the following charge: “You will bring to bear upon the consideration of the evidence in this case, in addition, all that common knowledge of men and affairs, which you, as reasonable men, have and exercise in the every day affairs of life.”</p>

This case was decided by Division A. Writ of Error to the Criminal Court of Record for Duval County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Jackson County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. .Writ of Error to the Circuit Court for Jefferson county. . . . The facts in the case are stated in the opinion of tfiié court.

<p>Appellate Practice — Facts Asserted in Motion for New Trial Not Self Substantiative Before Appellate Court.</p> <p>1. Facts asserted in a motion for new trial are not self-substantiative before an appellate court, but must be authenticatd otherwise in the transcript of record.</p> <p>2. Assignments of error before an appellate court must be predicated upon matter contained in the transcript of record, and cannot be considered when they have no basis in such record.</p>

This case was decided by Division A. Writ of Error to the Criminal Court of Record for Duval County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Pasco County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Gadsden County. The facts in this case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Citrus County. The facts in the case are stated in the opinion of the ' court.

This case was decided by Division B. Writ of Error to the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.

<p>Under the constitutional provision that “the Governor may, at any time, require the opinion of the Justices of the supreme court as to the interpretation of any portion of this constitution upon any question affecting his executive powers and duties, and the Justices shall render such opinion in writing,” the Justices of the supreme court are not required or authorized to render to the Governor an opinion as to the legal meaning and effect of a statutory provision.</p>

This case was decided by Division B. This is a case of original jurisdiction. The facts in the case are stated in the opinion of' the court.

<p>This case was decided by Division B.</p> <p>Writ of Error to the Circuit Court for Alachua Count)''.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by Division A. Writ of Error to' the 'Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. •Writ of Error to the Circuit Court for Lake County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ, of Error to the Circuit Court for Volusia County. The facts in the case are stated in the opinion of the court.

<p>This case was decided by the court En Banc.</p> <p>Writ of Error to the Circuit Court for Polk County.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by Division A. Writ of Error to the Circuit Court for Polk County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Duval County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Lake County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Polk County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Orange County. The facts in ‘the case are stated in the opinion of the court.

This case was decided by Division B. Writ of Error to the Circuit Court for Jackson county. The facts in ■ the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit- Court of DeSoto County. The facts in the case are stated in the opinion of the Court.

<p>1. The proceedings of the circuit court upon certiorari are reviewable by the supreme court on writ of error.</p> <p>2. Under the constitutional provision that “the county judge shall have original jurisdiction in all cases at law in which the demand or value of property involved shall not exceed one hundred dollars,’’ the jurisdiction of the county judge is determined by the actual demand made or the actual damage claimed.</p> <p>3. A judgment entered by a county judge for an amount in excess, of the amount over which the court has jurisdiction is void.</p> <p>4. Judicial power to enter a judgment extends only to subjects over which the court or judge has jurisdiction; and a judgment entered in a judicial proceeding as to a subject not within the judicial power of the court or judge is a nullity.</p> <p>5. Costs properly incurred are an incident to the judicial proceeding and are no part of the damages claimed or demand or penalty being adjudicated; consequently costs do not affect the jurisdiction of the court.</p> <p>6. Where a statute requires a judgment to be entered for double the damages found to be due, the double damages constitute the demand of damages claimed; and the county judge has judicial power to adjudicate and enter judgment for such demand or damages claimed only when they shall not exceed the jurisdictional amount of one hundred dollars.</p>

This case was decided by Division A. Writ of Error to the Circuit Court for Escambia County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Columbia County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. ■Writ of Error to' the Circuit Court for Lee County. The facts in the case are stated in the opinion of the court.

<p>This case was decided by Division A.</p> <p>Writ of Error to the Circuit Court for Dade county.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by Division A. Writ of Error from the Circuit Court for Holmes' County. The facts in the case are stated yi the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Alachua County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court, for Wakulla County. The facts in the case are stated in the opinion of the court. '

<p>This case was decided by Division A.</p> <p>Writ of Error to the Circuit Court for Duval County.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by Division A. Writ of Error to the Circuit Court for Duval County. Statement. The declaration in this case is as follows: “John N. C. Stockton, by Wm.

This case was decided by Division B. Writ of Error to the Circuit Court for Duval County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Jefferson County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Writ of Error to the Circuit Court for Duval County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Petition for re-instatement. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appealed from the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.

This case was decided.by Division A. Writ of Error to the Circuit Court for Taylor County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Appeal from the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Appeal from the Circuit Court for Madison County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Appeal from the Circuit Court for Alachua County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Writ of Error to the Circuit Court for Sumter County. The facts in the case are stated in the opinion of the court.

<p>1. It is incumbent upon a complainant to allege in his bill every fact, clearly and definitely, that is necessary to entitle him to relief; and if he omits essential facts therefrom, or states such facts therein as show that he is not entitled to relief in a court of equity, he must suffer the consequences of his so doing.</p> <p>2. A bill in equity must state facts and not opinions or legal conclusions, and where fraud is relied upon the allegations ■ or charges must be specific. In passing upon a demurrer to a bill every presumption is against the bill.</p> <p>3. While a demurrer to the whole bill operates as an admission that all the allegations in the bill which are well pleaded are true, it is only :such allegations so pleaded that are admitted by the demurrer. An allegation of fraud in general terms, without stating the facts constituting it, is insufficient, and a demurrer to the bill is not a conféssion of the fraud.</p>

This case was decided by Division A. Appeal from the Circuit Court for Alachua County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appeal from the Circuit Court for Marion County. The facts in .the case are stated in the opinion of the court.

This case was decided by Division B. Appeal from the Circuit Court for Volusia County. The facts in the case are stated in the opinion of the court.

<p>This case was decided by the court Bn Banc.</p> <p>Appeal from the Circuit Court for Orange County.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by the Court En Banc. Appeal from the Circuit Court for Volusia County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appeal from the Circuit Court for Jackson County. The facts in the case are stated in the’ opinion i.f the court.

This case was decided by the court En Banc. Appeal from the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appeal from the Circuit Court for Taylor County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appeal from the Circuit Court- for Dade County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appeal from the Circuit Court for Suwannee County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. Appeal from the Circuit Court for Orange County. The facts in the case are stated in the opinion of the court.

<p>Where a county has collected taxes for road purposes, and a city claims under its charter the right to receive and disburse for street purposes a portion of such taxes,, the claim will not be enforced in equity when the city has for several years neglected to make demand for its proportion of the tax until the same has been disbursed by the county under statutory authority.</p>

This case was decided by the court En Banc. Appeal from the Circuit Court for Duval County. The facts of the case are stated in the opinion Of the court.

This case was decided by Division B Appeal from the Circuit Court for Hillsborough County. Statement. Held: and your orators’ property and the property of all other taxpayers similar situate, within the limits of the city of St. Petersburg, will be assessed and taxed for the purpose of paying the principal and interest of said bonds to, to- the great damage of your orators and to all'other taxpayers similar situate.

This case was decided by Division B. Appeal from the Circuit Court for Hillsborough County. ■ The facts in the case are stated in the opinion of the court.

Statement. In May, 1906, the appellee, as complainant below, filed the following bill of complaint in equity, with the. exhibits “A,” and “B,” thereto attached, in the circuit court of Jackson county, against the appellant, as defendant below: “The bill of complaint of the First National Bank of Dothan against Aycock Brothers Lumber Company, alleges : 1.

This case was decided 'by Division A. Appeal from the Circuit Court for Taylor County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A. Appeal from the Circuit Court for Marion County. The facts in the case are stated in the opinion of the court.

This case was decided by Division A Appeal from the Circuit Court for Brevard County. The facts in the case are stated in the opinion of the court.

<p>This case was decided by Division B.</p> <p>Appeal from the Circuit Court for Walton County.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by the court En Banc. Appeal from the Circuit Court for Manatee County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Appeal from the Circuit Court for Taylor County. The facts in the case are stated in the opinion of the court.