Volume 62 — Florida Reports

<p>In the absence of constitutional' or statutory provisions governing the subject, an adult unmarried woman who is a citizen and resident of this State, and who has not become disqualified under the laws of the State to hold office, may be appointed to fill a vacancy in the office of county treasurer.</p>

<p>Section 13 of Article IY of the constitution does not authorize the Justices of the Supreme Coiirt to give to the Governor at his request an opinion upon the constitutionality of statutes affecting his executive powers and duties.</p>

<p>Under Section 11 of Article IV of the Constitution the Governor may grant two or more successive reprieves in the same case that in the aggregate exceed sixty days, but no one of them shall exceed a period of sixty days.</p>

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

Tbis case was decided by Division B. Writ of error to 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. Writ of error to the Criminal Conrt of Record for Walton 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 Criminal Court of Record 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 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 Court of Record for Escambia County. The facts in the case are stated in the opinion of the court.

This case was decided by the court En Banc. The facts in the case are stated in the opinon of the court. Writ of error to the Criminal Court of Record for Duval County.

This case was decided bv Division A. 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 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 Gadsden County. The facts in the case are stated in the opinion of the court.

The evidence amply supports the verdict. This case was decided by Division A. Writ of error to the Circuit Court for Hernando • 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 Criminal Court of Record for Du-val 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 tlie 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 for Gadsden 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 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 Jackson 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 Criminal Court of Becord for Suwannee County.</p> <p>The facts in the case are stated in the opinion of the court.</p>

This case was decided by Division B. Writ of error to the Circuit Court for Jefferson County, The factfe 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 Manatee 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.

<p>Criminal Law — Murder in Second Degree — Indictment —Motion in Arrest — Conflicting Evidence to Show bias in Juror.</p> <p>1. It Is not necessary that an indictment charging murder in the second degree should allege that the act producing the death was “an act imminently dangerous to another,” but it is sufficient to describe the act, leaving it to the law and the court to say whether such act was imminently dangerous to another.</p> <p>2. While the sufficiency of the allegations in an indictment to charge the offense may be tested by a motion in arrest of judgment, yet upon this motion the indictment should receive a liberal construction, and even an informal or imperfect allegation of an essential fact will be deemed a sufficient averment of that fact. A defective allegation not affecting the real merits, or a merely formal or clerical error, or an allegation of unnecessary matter not concerning the substance of the charge, would not be ground for arresting the judgment.</p> <p>3. Where the evidence in support of and in opposition to a ground in a motion for a new trial alleging bias on the part of a juror is conflicting, an appellate court will not disturb the findings of the trial court settling such conflict where there is nothing showing an abuse of a sound judicial discretion which the trial court has in such cases.</p>

This case was decided by Division B. Writ of error to the Criminal Court of Record for Dade 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 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 Suwannee 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 De Soto 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 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 tlie Circuit Court for Taylor County. Tlie facts in the case are stated in the opinon of the court.

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 Hillsborough County. The facts in the case are stated in the opinion of the court.-

Tliis 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 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 Divison B. 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 B. Writ of Error to tlie Circuit Court for Dade 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 Hillsborough 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 Suwannee Connty. 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 Alachua 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.

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

This case was decided by Division A. Writ of error to the Circuit Court for Monroe County. The facts in the case are siated in the opinion of-the court.

<p>This case was decided by the Court en Bauc.</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 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>This case was decided by the Court eu Banc.</p> <p>Writ of error to the Circuit Court for Hillsborough County.</p> <p>The facts iu the case are stated in the opinion of the court.</p>

This case was decided by the Court en Banc. 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 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 Court of Record for Escambia County. The facts in the case are stated in the opinion of the court.

<p>The doctrine of election of remedies when it applies to all, applies as a general rule to the first pronounced act of election or suit, and makes it a defense to the prosecution of a second inconsistent suit or remedy.</p>

This case was decided by Division B. 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 Dade 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 Jackson County. The facts in the case are stated in the opinion of the court.

<p>This case was decided by Division B.</p> <p>Writ oí 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 B. 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 Manatee 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 Santa Rosa 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 Bauc. Writ of error to the Circuit Court for Hillsborough County. Statement.

This case was decided by the Court En Banc. Writ of error to the Circuit Court for Leon County. Statement.

This case was decided, by Division A. This is a case of original jurisdiction. Statement.

This case was decided by Division A. This is a case of original jurisdiction. Statement. The folloAving alternative writ of mandamus was issued by this court: “The State of Florida, To The Louisville & Nashville Railroad Company • and The Seaboard Air Line Railway.

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 the Court En Banc. Writ of error to the Circuit Court for Leon 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.

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

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

This case was decided by Division A. Appealed from 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. Appealed 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. 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. 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. Appealed 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 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.

<p>1. In a proceeding in equity to cancel a tax deed as a cloud upon title to real estate, allegations that the land was conveyed to the complainant by one in possession under a patent from the United States, and that complainant “has been in possession of said land continuously sincethat complainant “has had and now has possession of said land, without opposition or question from any one,, and is in the quiet, peaceable and adverse possession of said land to all the world, claiming title thereto,” are sufficient to show the possession of the complainant and to negative actual possession of the land by the defendant.</p> <p>2. Allegations of ultimate facts as to possession of lands, are not contradicted or rendered insufficient by allegations that the complainant “although not living upon said land is frequently thereon, and has the land posted, has had the timber growing thereon worked for naval stores purposes, has the said IT. as his agent to look after said land,” no adverse possession appearing.</p> <p>S. A failure to comply strictly with those provisions of tax laws which are intended for the guide of officers in the conduct of business devolved upon them, designed to secure, order, system and dispatch in proceedings, and by a disregard of which the right of parties interested cannot be injuriously affected, will not usually render the. proceeding void; but where the requisites prescribed are intended for the protection of the citizen, and to prevent a sacrifice of his property, and a disregard of them might and generally would injuriously affect his rights, they cannot be disregarded, and a failure to comply with them will render the proceeding invalid.</p> <p>4. The provision of the statute requiring the Glerk of the Circuit Court to mail a copy of the notice of application for a tax deed to the owner of the land, or if the owner be unknown to deliver or mail such copy to the person last paying taxes on the property was intended for the benefit of the land owner, and a disregard of tbe provision- when applicable renders the tax deed invalid.</p> <p>5. The validity of a tax sale certificate and the rights of the holder thereof, other than a governmental agency of the State, are to be determined by the laws in force at the time the certificate is required. A statute subsequently passed cannot constitutionally impair any of the substantial rights secured to a private holder by the existing laws when the certificate was acquired.</p> <p>6. A statute enacted after the acquisition by a private party of a tax sale certificate, requiring a particular additional notice to be given to the owner of the land before a deed issues on the certificate, when the right to a deed has not become absolute and the giving of the notice imposes no burden upon the holder of the certificate, may not impair any substantial right of the holder of the certificate, and consequently may not be an impairment of the vested property rights or a deprivation of property without due process of law.</p> <p>7. An applicant for a tax deed who takes it when the authority to execute it has not been exercised as required tly mandatory provisions of law, does so at his peril.</p> <p>8. Where the prima facie effect given a tax deed by the statute is overcome, it is the duty of the party claiming under the tax deed to show its validity.</p> <p>9. Where the Olerk of the Circuit Court does not give the notice of an application for a tax deed in substantial compliance with the statute, the tax deed is void.</p>

Tliis case was decided by Division B. Appealed from tbe Circuit Court for Miirion County. Tlie facts in the case are stated in the opinion of the court.

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

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

<p>1. The essence of a wilful, obstinate desertion by a wife consists in her refusing to live with her husband when he does his marital duty and wants her to live with him.</p> <p>2. Where a very young wife without her husband’s consent goes to her parent’s home and soon thereafter the first child of the couple is bom at her parent’s home and the husband makes no proper effort in the discharge of his duty to the wife and child, and the wife and child remain with her parents, he is not entitled to a divorce on the statutory ground of a wilful obstinate desertion by his wife.</p>

This case was decided by Division A. Appealed from 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. Appealed from the Circuit Court for Polk 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>Appealed from the Circuit Court for Lake 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. Appealed from the Circuit Court for Hamilton County. The facts in the case are stated in the opinion of the court.

This case was decided by Division B. Appealed from the Circuit Court for Hernando County. Tbe facts in the case are stated in the opinion-of the court.

This case was decided by Division B. Appealed 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. Appealed from the Circuit Court Tor Polk County. The facts in the case are stated in the opinion of the court.

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

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

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

This case was decided by the Court En Bauc. 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 the Court En Banc. Appealed from the Circuit Court for Duval County. Statement. The .following bill of complaint was filed: “Merrill-Stevens Company, a corporation organized and existing under the laws of the State of Florida, by its solicitors, Cockrell and Cockrell, brings this its bill of complaint against Jay H. Durkee and Cora L. Durkee, each of the County of Duval and State of Florida, and humbly complaining your orator shows as follows: 1.

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

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

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

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

<p>This case was decided by Division A.</p> <p>Appealed from the Circuit Court for Washington County. • "</p> <p>The facts in the case are stated in the opinion of the court.</p>