Cases Argued and Adjudged in the Supreme Court of Florida, Volume 17 |
From inside the book
Results 1-5 of 78
Page 103
... equity which would defeat it in his hands . The act of November 23d , 1828 , §§ 33 and 34 , ( Thomp . Dig . , p . 348 , ) changes this , and vests the rights , powers and capacities , but not the liabilities , of the assignor in the ...
... equity which would defeat it in his hands . The act of November 23d , 1828 , §§ 33 and 34 , ( Thomp . Dig . , p . 348 , ) changes this , and vests the rights , powers and capacities , but not the liabilities , of the assignor in the ...
Page 140
... equity will perpetually enjoin pro- ceedings under the judgment . 2 . Where a defendant interposes no defence , relying upon the assu- rance of the plaintiff's attorney that he will not take judgment against him or hold him in any way ...
... equity will perpetually enjoin pro- ceedings under the judgment . 2 . Where a defendant interposes no defence , relying upon the assu- rance of the plaintiff's attorney that he will not take judgment against him or hold him in any way ...
Page 143
... equity , where , by injunction , he can prevent and restrain the party from availing himself of such judgment . 2 Story Eq . , 887 ; 7 Cranch , 332 ; 1 Mad . Chy . , 131 ; 3 John . Chy . , 356 ; 6 John . Chy . , 90 ; 2 P. Wms . , 424 ...
... equity , where , by injunction , he can prevent and restrain the party from availing himself of such judgment . 2 Story Eq . , 887 ; 7 Cranch , 332 ; 1 Mad . Chy . , 131 ; 3 John . Chy . , 356 ; 6 John . Chy . , 90 ; 2 P. Wms . , 424 ...
Page 144
... equity . In such suit the sureties upon the guardian's bond may be made defendants with the guardian . Where , after the giving of bond , the guardian , to discharge a debt due by him in his private capacity to the executor of the will ...
... equity . In such suit the sureties upon the guardian's bond may be made defendants with the guardian . Where , after the giving of bond , the guardian , to discharge a debt due by him in his private capacity to the executor of the will ...
Page 159
... equity to enforce it , and no statute authorizing a proceeding in equity to determine the ques- tion of the exemption of personal property . The remedies at law are complete and adequate . Appeal from the Circuit Court for Madison ...
... equity to enforce it , and no statute authorizing a proceeding in equity to determine the ques- tion of the exemption of personal property . The remedies at law are complete and adequate . Appeal from the Circuit Court for Madison ...
Common terms and phrases
action administrator adverse possession affidavit Alachua county alleged alternative writ amended amount appear appellant appellee assigned attorney bill of exceptions Bisbee Board bond Canvassers cause charge Circuit Court claim clerk complainant Constitution contract counsel court erred court of equity debt declaration decree deed defendant's delivered the opinion demurrer duty Duval county election entitled et ux evidence Ex rel execution executor facts fendant filed Florida Florida-Opinion of Court ground heirs held indictment intent interest intestate issue judge jurisdiction jury L'Engle land Legislature lien Madison county mandamus ment mortgage motion oath owner party payment person petition plaintiff in error plea pleadings possession Probate Court proceedings purchase question record refused rendered rule Sanderson Sanford Southern Express Company statute of limitations suit term testator testimony tion trial verdict votes witness
Popular passages
Page 171 - All subjects over which the sovereign power of a state extends, are objects of taxation ; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.
Page 540 - In contracts of this description, the undertakings of the respective parties are always considered dependent, unless a contrary intention clearly appears. A different construction would, in many cases, lead to the greatest injustice, and a purchaser might have payment of the consideration money enforced upon him, and yet be disabled from procuring the property for which he paid it.
Page 90 - The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury.
Page 240 - The fiscal year of the corporation shall begin on the first day of January and end on the thirty-first day of December in each year.
Page 264 - In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.
Page 485 - A statute may declare that no marriages shall be valid unless they are solemnized in a prescribed manner ; but such an enactment is a very different thing from a law requiring all marriages to be entered into in the presence of a magistrate or a clergyman, or that it be preceded by a license, or publication of banns, or be attested by witnesses.
Page 75 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.
Page 517 - No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained, unless it appear that the plaintiff, his ancestor, predecessor, or grantor, was seized .or possessed of the premises in question within twenty years before the commencement of such action.
Page 815 - No person offered as a witness in any court, or before any officer acting judicially, shall be excluded by reason of his interest In the event of the action...
Page 256 - First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation and the power is denied.