The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-07-25

1
| debts of an insovcni husband.
Decree affirmed
John c. Avery and w A. Bount, for Appel
lanis; 5. X. Mallory, tor Appclltcs.
Tony Smith. Appellant, VS. Benjamin Bagwel,
| Appcllee-Duya county
| VANVALKENBuRGH, j.:
| |. II will not tlO t0 eliminate from the charge
OF the court to n jury, "a sentence connected with
| a paragraph upon the same question: and except
| To that particular sentence; the whole paragraph
must be taken together, and stand or fall 10y
| itself
| .. The court charged the Jury that. words
| from one person To another will not justify an
assault and battery" Hckd sufficient that it was
not incumbent upon the court 10 Use the word
merely or only after words" IN the
charge, 10 make its language intelligible to the
jury. That the use of either of these words
would not have strengthened modified the
charge, or given any new or other light to the
jury.
3 Compensatory damages are defined as such
as arise from actual and Indirect pccuniary loss,
mental suffering, value of time, actual expenses
and bodily pain and suffering. Exemplary vim
dciivc or punitOry damages are such ls blend
together the interests oi society and of the az
gricved individual, and are not only a recon-
pcnsc Ia the sufferer, hui also "A punishment 10
the Offender, and an example to the community
4 An award of punitive or eXrmi larry DANA
yes IN an action for wrong, also punishable rs
II criminal offence, is not in violation of that
portion ot the eighth provision OF the D,clara-
ton o Rights, which provides that no person
shall be subject to he twice put in jeopardy for
the same offence"
). In actions of trespass, for assault and bat
terry, jury may inflict what are called excm-
pIlry, punitive, or vindlcliye damages upon a
ticiendant having in view The cnormiiy of his
offence, as we'll as measure of compensation To
The plaintiff
Judgment affirmed
j. +. lIariridgc, for Appellant
John ID. Barnes and WIFE, Appellants, vs. Amber
son Mayo, Administrator, etc. and j B Mick
Ter, Sheriff, Appclccs ITcrnaadp county
RANDALL, G. J.
|. An execution issued upon n Judgment
against A. under which The sheriff levied upon
aud advertised for sale The land of Il, does not
tend 10 produce such Il cloud upon the title of B
as To authorize court of equity To enioin the
sale. unless il appears that the Judgment debtor
had at some time title or an interest in the
land
.. SO, where il is alleged in bill filed 10 en-
join The sale that A. the debtor, never had
shadow OF right. title or interest in The land lev
led on such levy and sale hereunder will not
operate To give primd fitcie right of action
against b for the possession; and a cloud upon
his title is not created which authorizes the court
10 decree an injunction. (Budd vs. Long, Is Fla,
2SS, criticised and cxplaned)
gSte olrr, asRr,' George Raney, for Appellants,
Wall 4 Sparkman, for Appellces.
Shcparls Heirs VS.. Shepar,rS Administrator
and Shcpqrd's Administrator v. Shcpards
Heirs-Gadslcn county
WEsTCoTT, j.:
/. Upon sale Of personal property of an
tI..
promissory note or bond with good security for
the credit extended. He is not chargeable with
the amount Immediately when he acts in good
faith and with ordinary care. He becomes liable
at the expiration of the time of credit, and to
discharge himself he must show that the money,
if not received, was lost without any default or
negligence on his part The burden of proof is
upon him TO show, first, that he took good secu-
rity, and second, that the subsequent loss was
not attributable to his laches or neglect
2. The Judge of the County Court is not aul-
thorzed by the statute to approve securities 10
obligations for sales of personal property by adj
ministrators Taking good security is personal
duty of the administrator The simple approval
of the surety by the Judge of the County
Court Is not sufficient The administrator must
prove that the personal security taken was good
8 Such notes when taken are not To he treated
as Investments The administrator should he dill
gent in their collection and if an investment is
then proper il must be of such character As the
law sanctions.
An administrator receives n gold receipt
from The decedcnt. This receipt is executed TO
the deceased in his lifetime by person engaged
in trade, with whom the gold is deposited for
safe keeping. The depositary after the qualifiea-
ton OF the administrator always denies his liza
bility Ia the estate. The administrator delays
sIlit tor over two years, and sues at time when
a recovery Of judgment in due course of law
would not have resulted i'm realizing the money
Tho .iiaI faafnra fIa nSfi If ha
suit and up to the time Oi his death was con-
sidercd solvent. Under these circumstances the
administrator is liable for the debt.
5 An administrator receives n note from the
dccedent The maker thereof is person engaged
in trade. lie was repuied solvent, paid the in
terest and the administrator, had he insisted
upon payment could have realized the amount
before his death. The administrator, after "a de-
lay OF more than two years, and after the death
oi the maker and the estate is found insOvent
The evidence shows that The purpose Of The adj
ministraior WAS to hold the note until disiribu-
tinn and to treat it M cash investment. lie
is liable ior the loss Ii is the duty of admin
isrator To collect the debts at an estate within
reasonable time after his qualification. He must
act discreet business man would whose duty
il was to collect and isiribute the estate within
the time required by law. He must call in such
debts He cannot treat them as investments
upon personal security.
6. An allowance for sums paid an auctiOneer
for the sale oi personal property is proper; so
also, is bill for advertising time and place of
sale.
2. The administrator in Difference 10, and nj
the request of the heirs, has partition of the
lands of the estate by the County Court, each
person entitled taking his share. The parties
thus availing themselves of and consentng TO
such proceedings esiopped from refusing TO
pay their share of all legitimate expenses in
CURED thereby or in connection Herewith, and
cannot set up a want of Jurisdiction in the court,
and thereby have the administrator, who acted in
Difference to them, charged with the entire ex-
pense.
8. The administrator Is entitled to a fair and
Just compensation for all services rendered in
connection with the estate. When a per diem
of from - 90 to 50 so is allowed for services in
the absence of controlling and clear evidence,
showing that il is Too much it should not be dis
turbcd by the Circuit Court or by this Court
o. An administrator is not entitled tn commits
sions on the, gross amount for which the personal
property sold. He is entitled to commissions on
the amount Of the money received at the sale,
and on all sums of money thereafter realized from
the credits extended. commission of six per
cent on the money thus collected Is a reasonable
| allowance
TO- A like commission on money collected by
| the administrator from notes and accounts left
| by the deceased is reasonable compensation for
| the service.
| IL The sum OF &f, ,94225 cash comes into the
| hands OF the administrator from the deceased
| He retains il on hand about two months and
| then disburses it. A commission Of three per
cent and an allowance for per diem h a sufficient
GnW su