Cases Argued and Adjudged in the Supreme Court of Florida, Volume 17 |
From inside the book
Results 1-5 of 83
Page 10
... writ of mandamus to control or correct their action . A certificate showing in general terms a performance of the several specific acts commanded to be done by a peremptory mandamus is the proper response to such a writ . The relator ...
... writ of mandamus to control or correct their action . A certificate showing in general terms a performance of the several specific acts commanded to be done by a peremptory mandamus is the proper response to such a writ . The relator ...
Page 11
... writ should issue , and , in accordance with the prayer thereof , the writ issued , reciting the facts stated in the petition , and commanding the said J. C. Gard- ner , County Judge , J. A. Carlisle , Clerk of the Circuit Court , and ...
... writ should issue , and , in accordance with the prayer thereof , the writ issued , reciting the facts stated in the petition , and commanding the said J. C. Gard- ner , County Judge , J. A. Carlisle , Clerk of the Circuit Court , and ...
Page 13
... writ , nor was it served on him ; but he was served with a copy of the petition on November 14 , and notified in writing at the same time that application would be made to the court for the writ to issue on the 16th of November . As to ...
... writ , nor was it served on him ; but he was served with a copy of the petition on November 14 , and notified in writing at the same time that application would be made to the court for the writ to issue on the 16th of November . As to ...
Page 14
... writ . And first , they protest that this court has no jurisdiction to award this writ in this case , because the particular office for which the relator seeks to compel the canvass of returns is that of Representative in Congress . It ...
... writ . And first , they protest that this court has no jurisdiction to award this writ in this case , because the particular office for which the relator seeks to compel the canvass of returns is that of Representative in Congress . It ...
Page 19
... writ of mandamus cannot go against the justice , as no individual justice is designated law . by the There are some adjudications in which the writ was allowed as to the officers designated , to - wit : the judge and clerk with ...
... writ of mandamus cannot go against the justice , as no individual justice is designated law . by the There are some adjudications in which the writ was allowed as to the officers designated , to - wit : the judge and clerk with ...
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.