The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-04-20
HEAD-NOTES OF DECISIONS
SUPREME COURT OF FLORIDA,
january Term, A. ID. 1850.


John o. Mathews, Appellant, vs. William r.
Hillyer, Appelee.-Appeal from Circuit Court
for Marion county.
RANDALL, G. j..
l. An affidavit that judgment, upon which
an execution was issued, had been satisfied and
discharged before the issuing of the execution is
a sufficient statement that the execution was
issued Illegally" within the meaning of the
statute 9Th Dig, 360)
2. Where a defendant in execution made an
affidavit that the judgment was satisfied and dis
charged by a certain transaction between himself
and the plaintiff before the execution issued, and
executed the bond required by statute, which
were returned into court with the execution by
the sheriff. it becomes the duty of the court to
hear the proofs of the parties as to the facts
stated and determine thereon" and it is error
to dismiss such affidavit upon motion, the
grounds of which motion are that the same mat
ter has been already adjudicatedO and without
evidence being produced or facts admitted by
either party and opportunity given to the parties
to be heard thereon.
Judgment reversed.
Gary & Dunn ]. T. Bernard, Counsel for Ap-
pellant; Bullock & Rcardon, Counsel for Ap
pellee
Needham Bass, Plaintiff in Error, vs. The State
of Florida, Defendant in Error.-Writ of Error
to oajudgment of Circuit Court, Brevard county.
NEUTRALITY-SUSPICIOUS., j.:
l. Where an indictment in good form, endorsed
I" true BILL signed by the foreman of the grand
jury, filed by the clerk of the court and properly
endorsed by the States Attorney, appearing In
the record the prisoner having plead guilty, and
no question having been raised as to its present
ment in court by the grand jury, or objection
taken in the court below; Held, Such endorse
ments were sufficient evidence here of the pre-
sentiment by grand jury.
2. If there was any defect in the record in
regard to the presentment by the grand jury, it
should have been taken advantage of in the court
below, where such defect might have been cor
rected.
g. Judges of Circuit Courts calling extra or
special terms of their courts under chapter 1861,
laws of 1866, have right TO direct as to what
time such extra or special terms shall be ad-
journed. (Thomp. Dig 322, s4l
Judgment affirmed.
E. K Foster, ]. W. Price, Counsel for Plaintiff
in Error; Attorney General Raney, Counsel for
Defendant in Error.
Adolph Montague, Plaintiff in Error vs.. The
State of Florida, Defendant in Error.-DuVal
County, Fourth Circuit.
VANvAIKENBURGH, j.:
1. If it appear upon voir dire examination
that proposed Jurors conceptions are not fixed
and settled, nor warped by prejudice, but ara
only such as would naturally spring from public
rumor or newspaper report, and his mind Is open
to the impressions 1t may receive on the trial. %
as to be convinced according to the law and the
testimony, he is not incompetent" tO'Connor
vs.. The State, 0 Fla, 215)
2. An indictment was presented by grand
jury against one E. M. for an assault with intent
to commit rape, and also against A. NJ for
being present, aiding, abetting and assisting the
said +. M. the felony and intended rape to do and
commit" Held, That A. NJ. was indicted an q
principal and not as an accessory, and, in the
discretion of the court, might be tried either be-
fore or after e. M.
Judgment affirmed.
H. Bisbee Jr., j. D. Thompson, Counsel for
Plaintiff in Error; Attorney General Raney.
Counsel for The State.