Cases Argued and Adjudged in the Supreme Court of Florida, 11. köide |
Common terms and phrases
affidavit aforesaid agent agreement alleged answer appellant appellee application appraisement authority Baker and Macrae-Opinion Bank bill further bill of exceptions Canova Canova-Opinion of Court Canova-Statement cause Circuit Court City of Savannah claim Commissioners common law compensation complainant Confederate contract Court of Chancery Courts of Equity D. L. Yulee debt decree deed defendant delivered the opinion drawee duty Duval county entitled equity of redemption evidence execution facts filed Florida foreclosure granted habeas corpus holder impressment act injunction interest issue Judge judgment jurisdiction jury justice Keyser land Leon county lien Macrae Macrae-Opinion of Court McDonell ment mortgage Nassau county officer partner partnership party payment pending persons petition plaintiff plea prisoner proceedings promissory note purchase record refusal Robertson rule says slaves South Western R. R. statute sugar suit Suwannee Circuit testator Thebaut and Glazier thereof tion to-wit trial William witness writ of error
Popular passages
Page 54 - In order to make a matter res judicata, there must be a concurrence of four conditions, namely : (1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of persons, and of parties to the action; (4) identity of the quality in the persons for or against whom the claim is made.
Page 301 - ... time of the trial, in possession of vouchers not before in his power to procure, and that he was prevented from exhibiting a claim for such credit at the Treasury by absence from the United States or by some unavoidable accident.
Page 83 - ... according as the very right of the cause and matter in law shall appear unto them, without regarding any imperfection, omission, defect in or lack of form...
Page 85 - In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to sustain in the language of the civilians a persona standi in judicio.
Page 147 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Page 167 - If the thing sought to be prohibited is in itself a nuisance, the Court will interfere to stay irreparable mischief without waiting for the result of a trial; and will, according to the circumstances, direct an issue or allow an action, and, if need be, expedite the proceedings, the injunction being in the meantime continued.
Page 120 - July 1776, be and the same are hereby declared to be of force in this State: Provided, The said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature...
Page 253 - That if any person unlawfully and maliciously shall administer or attempt to administer to any person, or shall cause to be taken by any person, any poison or other destructive thing, or shall unlawfully and maliciously attempt to drown, suffocate, or strangle any person, or shall unlawfully and maliciously shoot at any person, or shall, by drawing a trigger, or in any other manner, attempt to discharge any kind of loaded arms...
Page 102 - Rep. 258, it was decided, that where a contract grows immediately out of, and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it.
Page 300 - States attorney being present), makes and subscribes an oath that he is equitably entitled to credits which had been, previous to the commencement of the suit, submitted to the accounting officers of the treasury, and rejected ; specifying in the affidavit each particular claim so rejected, and that he cannot then safely come to trial.