The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-03-01
HEAD-EoTEs OF Decisions
sBPREME COURT OF FLORIDA.
january TerA. a. y. lesl.


Ex PAue, Dennis Esgan-H abeas Corpus
NEsrcoFT, j.:
While I, is within the iosisdiction Of this court,
under the statute, tchapier S1a9, Laval oaward
q Aaoaas cpgPGa, and have preliminary examin-
alton OF party arrested aiier afidavit and war.
rant. and discharge commit to bail, or remand
into custody, sill the general rule b that this
court sh0nld under such circumstances. remand
the party to the custody of the Sheriff to be de-
livered TO the magistrate issuing the warrant
2. While, IN such case. an afiidavit OF the par
", that he has reason TO believe, and does believe
that he cannot get . fair examination, or secure
justice before such magistrate. coupled with the
fact that two persons, charged with the murder,
with the aiding and abesting OF which the pris-
ouer is charged, and deemed by him to be essen
tial witnesses. are confined in the Jail Of the
county in which this court 10 sitting. are not
deemed saS1cienl grounds upon which this court
would haveSnch examination; still, IL the ground
oil the alleged belief be on account Of alleged
prejudice against the parry, and the Attorney
General for the State consents 10 such examina-
ton on the ground that il will "save great ex-
pense to the State of Florida" this court will
make such examination, and the testimony OF
witnesses may, in such case, by consent, be
taken before u Commissioners.
p. W. White and E N. Cheney, Counsel for
Petitioner; Attorney General Ranev and John
S. White State Attorney Counsel for the State
c. D. p, Appellant, vs. the State ex. nj. G.. A,
Alphabetically county.
RANDALL, CT:
l. In a complaint under the law relating 10 bas-
tardv il should be stated, affirma,ively on oath,
that the mother of the bastard child is a single
or unmarried woman. The recital by the magis-
iraie is not sufficient
?. The acl relating 10 basiaIdy requires a suf-
hcieni complaint 10 be made before Justice of
the Peace and the Circuit Court can obtain juris-
diction only in the manner prescribed by law.
5. The remedy in cases of baslardy is special
proceeding proviiei by law. and the acts relai-
ing to amendment of pleadngs, do not apply TO
the amendment of q complaint so as TO make .
ca~e u,t stated in The complaint before the Justice
Ju gmenI reverSed.
Fleming & Daniel. Tor Appellant: S Y. Fin.
ley, Safe Attorney, aud r. W Davis for the
State
The Board If County Commissioners Of Suwan-
nee Ceuny, Appellants, rs. the Board of Coun.
~ Commissioners Of Columbia County, Appel
lees
RANDALL c J.:
10 proceeding 10 re-esiAblish certain bonds
executed by The officers OF one county. and
burned while in possession Of The officers Of an
o'her county, the latter being the payee. the
. former pleaded 10 tie pe'Hioa for lbe re esiab-
isAmeni that the bonds were not lawfully de-
livercd that they Were illegal and void for fraud
want Of Consideration; that the bonds were sat
ishtd ana 10 liability every txgslet He'd tha,
these and kindred matters cons;iIuied no valid
objection 10 The & ablishrlent. but were mai
tiers OF deierse 10 be sci M in proceedings 20 en-
force the bonds.
Judgment affirmed.
White & BFyson, ior Appellants: 4 3 Hagan
c. r King, for Arpele<s