The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-01-17
HEAD-E0TRG OF DECISIONS
sUPREME COURr o. FaJ0REDA,
JamaaFy TeEsm. A. -. H@0D.


William Nickels, ct a., Appellants, Va Frank
Phillips. Appellse-In Equity, Appeal hon
Jackson County.
RANDALL, @. j.:
Where trustee holds The mere naked title to
property for the uss Of Tie beaenciazi@ who
have Tor ycals enjoyed ths undisiuFbed posses-
sion, and the conduct of Tie Trustees has not ben
such a. 10 endanger the peopsry Or disturb its
enjoyment, or show Q want Of integrity, capacity
or AdeIity, the mere act that be torblds the
bene6ciAfies 20 hold any social inlercouDe with
upon which to demand the removal Of the trustee.
Decree afdrmed.
d. l. McKinnOn, Attorney for Appellants;
Mcclellan d Milton, Attorneys for Appellse.
MoIlie Sans, Rebecca Sans and G. W. b. Ney-
erh06, Appellants, W. Hannah King, and Edge
comb King, her husband, and Edward PECK
and Mary Peck, by their next friend, Manuel
@. Jordan, RespOndents-Duval county.
WEsrcoTT. j.:
/. That there is no ball Of exceptions, or an in
complete one In q record IL not ground for the
dismissal Of IN appeal or TO strike the case from
the calendar. There may be errors apparent
upon the record other than those arising upon
exceptions.
.. Where bill of exceptions apparently regu-
lar, Is signed a. required by Law, an allegation of
counsel, unsupported by proof, that since the
original bill was signed there have been inter-
pOlatiOns will not authorize the dismissal Of the
appeal.
g. Where papers are referred to in the bill Of
exceptions filed 10 the Circuit Court, with sum-
Gent certainty TO identify them the insertion Of
the papers in essenso in the record prepared for
this court 10 proper.
4. Where the books Of the assessor of taxes
are introduced in evidence In the Circuit Court,
it 10 not necessary to copy the entire book in the
record sent here. II b Sufficient 10 insert such
portion Of the book a. II was introduced to e.
tablish, or was deemed pertinent to the questions
sought TO be raised, or the original may be
brought to this court, as authorized by the Rules
Of Practice. Where neither the part deemed
pertinent TO the question sought to be raised nor
the books accompany the record sent to this
court, the proper course is 70 award q eertiOr0Fi
to bring them up.
8. Time having been given during the term at
which the case was tried TO prepare and tender
q bill of exceptions, and the judge presiding ct
the trial having gone out of once, it h proper
and legal for his successor TO settle and sign the
bill. CHays' ADMIR- Va Medically, 10 Fla 406
referred 10 and approved) Upon tender Of the
bill TO such successor, and his refusal TO sign II
in the presence Of three parties who were pres
ent n the trial. IL b proper for them, under the
rules and statute, TO sign II If II correctly presents
the testimony and proceedings, according to their
recollection.
.. Dill OF exceptlone, regular IN form, prop
erly prepared and attested according to law, i'm
ports verify, and its truth cannot be questioned
in this court upon appeal by the a1adavit Of
counsel based upon their own knowledge, or
upon the Representations Of others
Motion denied.
G. p. Cooper, Attorney for Appellants; ]. E.
Harridge n. G. Jordan, Attorneys for Appel
lees.
John Webb, Appellant, Va Thomas Dunn and
George Elliot, Appellees Equity, Escambia
county.
RANDALL, C.J.:
Chapter $3.50 Of the Laws Of 1879. heing Is An
oct to amend section four Of an oct entitled an
act to establish the once Of Harbor Master for
the port Of Pensacola approved December 8,
1885, providing that the Harb0r Master may de-
mand, for every vessel that may enter the port
and load or unload, or make fast to any wharf,
certain fees, whether earned by any service rem
dered to any such vessel OF not. b . law impos-
ing tax upon such vessels OF their owners, and
regulation Of commerce" within the terms Of
the third paragraph Of section eight article Of
the Constitution Of the United States, which
grants 70 Congress the " power 70 regulate com1
merce with foreign nations, and among the several
States" and said oct is therefore unconstitutional
and void.
Decree affirmed
J. T. Yonge and George p. Raney, Aisorneys
for Appellant; w. A. Bl0unt, Attorney for Ap-