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action adverse possession affidavit al.—Opinion of Court alleged amendment amount answer appeal Appellees assigned attorney authority Barton H bill bond cause charge Circuit Court City of Jacksonville claim Commissioners complainants Constitution contract Counsel court of equity creditors debt deceased deed defendant defendant's delivered the opinion demurrer dollars Duval county entitled equity evidence ex rel execution executor executrix facts filed Florida Florida ex rel granted ground H. D. Ballard Hart heirs indictment injunction interest issue J. L. Griffin Judge judgment jurisdiction jury L'Engle land Legislature Leon county lien Madison county ment mortgage motion overruled owner paid parties payment Pensacola person petition Plaintiff in Error plea pleadings possession proceedings purchase question railroad record reference rendered rule Sanderson Sanderson's Administrators says statute suit testator testified testimony Thrasher tion trial trust verdict witness writ of error
Page 1022 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 125 - ... appellate ; the distribution of jurisdiction, made in the Constitution, is form without substance. Affirmative words are often, in their operation, negative of other objects than those affirmed ; and in this case a negative or exclusive sense must be given to them, or they have no operation at all. It cannot be presumed that any clause in the Constitution is intended to be without effect; and, therefore, such a construction is inadmissible unless the words require it.
Page 767 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 125 - If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction, made in the constitution, is form without substance.
Page 125 - If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power, and the tribunals in which it should be vested. The subsequent part of the section is mere surplusage, is entirely without meaning, if such is to be the construction.
Page 421 - Every bill shall be read by sections, on three several days in each House; unless, in case of emergency, twothirds of the House where such bill may be depending shall, by a vote of yeas and nays, deem it expedient to dispense with this rule...
Page 384 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 52 - For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved: 2.
Page 994 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
Page 478 - The law assumes that property is always in the possession of its owner, in person or by agent; and it proceeds upon the theory that its seizure will inform him, not only that it is taken into the custody of the court, but that he must look to any proceedings authorized by law upon such seizure for its condemnation and sale.