The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-07-25
HEAD-N0TES OF DECISIONS
SUPREME COURT OF FLORIDA. .
.Bune FERN. a. -. 1~~S

John S briggs, Administrator OF the Estate of
John s Adams. Plaintiff in Error, vs.. Henry
3 Higgins, Defendant in Error-DuvaI county
WEsTcoTT, j.:
Twenty five days must intervene between the
issuing OF writ of error and the first day of the
term Of the Supreme Court to which it is return
able Where such time did not intervene be
tween the date the writ was issued and the first
day of the term, and the S-lre f;tcirs al dudieR-
dam eTT'oreS was not served twenty five days pre-
vious to the first day of Tire term of The Supreme
Court 10 which il is reurnable the writ must
be dismissed for want of conformity 10 the stat
utory requirements.
Writ Of error dismissed
Cockrcll Il Walker, for Plaintiff in Error; G.
II. Cooper for Defendant in Error
The State of Florida, er rel, Louderback Gilbert
IL Co, VS.. The County Commissioners of Jack
son couniy-Mandamus.
RANDALL, G. j.:
A judgment against n county, recovered upon
county warrants, establishes The liability Of the
county, and that the Indebtedness IS was created
for county purposes Ii is, therefore. the duty of
the County Commissioners to provide Tor the pay
ment of the judgment by lcvying tax upon the
taxable property in the county; and il appearing
by the return of the County Commissioners 10
an alternative writ of mandamus, that they are
authorized to raise by tax Tor county purposes a
sum sufficient TO pay the judgment, a peremplOry
writ is awarded directing them To do So
George p. Raney, for Relator.
Thomas WOOdson, Plaintiff in Error, VS. The
State of Florida, Defendant in Error-Frank-
lin county.
VANVALkENBURGH, j.
1. An appellate court will refuse 10 hear
criminal case a writ of error, where the plain
Tiff in error has escaped, and is not within the
control of the court below, either actually, hy
being in custody, or consiruclively, 10y being out
on bail.
2. On motion, where il appeared to the court
that the plaintiff in error had broken all and
escaped from custody leaving his cause pending
in court Orlereti, That the writ ot error be dis
missed al the next term Of the court unless il IS
made To appear To the court on or before that
time, that the plaintiff in error is i'm the custody
of the proper officer of The law.
John w Malone, for Plaintiff in Error; At
tOrney General Raney, for The State.
Caroline B. Staley, Appellant. VS. A. B. HamiI-
ton and wife, Appellees-Jackson county.
RANDALL, G. j.:
/. Where money is loaned upon the urgent
importantly of a wife and her husband, for the
use Of the husband, the wife joining him in max
ing promissOry note for the money, she being
possessed OF separate real property, and not
giving a valid security by mortgage or otherwise
on such property, equity will not charge her
separate property with the Indebtedness.
g. The only manner in which u married wo-
man, living with her husband, can create n
charge upon her separate property for an in
debtedness not incurred on account of the benc-
fetal nature of the consideration enurng tO the
benefit Of her property or estate, is by some deed
mortgage or other instrument of writing duly ex-
ecuted and acknowledged according to the
statute.
g. A charge upon married woman's separate
property may arise in equity, where il must bc
necessarily inferred from the fact that the debt is
contracted for the benefit of her properly or cs-
tate, in analogy to the doctrine Of equitable lien
for purchase money, that she intended the pay
mcnt 10 be made out Of her own property, or
where, living separately from her husband, the
debt is contracted by her for her own personal
benefit.
Decree reversed.
George p. Raney, for Appellant d. L. Nc
KinnOn, for Appellees.
f. p Martinez, ct a., Appellants, vs. James
Ward and wife, ct a., Appellees-Escamhia
county.
RANDALL, G. j.:
1. Chapter $3.50, laws of 1873, (McCleIlan's
Digest, page 713J providing that a married wo-
man may by petition and proofs become a free
dealer &c, as il unmarried under q decree and
license granted by the Circuit Judge In equity,
does dot attempt 10 confer legislative power upon
| the Judge, and 10 not unconstitutional upon the
ground that the action Of the Judge Is not Judi
csal In iis character.
Q. A married woman, 90 licensed, may pur-
chase goods for cash or on credit, and engage in
| trade % though she was not married, and the