The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-04-10

To- 81 65s V q. ''' :
1s sr a'1 sls'ss's is " ..pllssslss 3,
deienialtS plo1 I'm de1I4[. 81
theaa SlE tkS noirt 16sl4 IiIlNe ~ 061l6lII -
% a3e6 tkStn, ana r0llt1 ~ q pnt; HI.
That inasmucil a th1 iIx3 q NtIieh
% sssrfs ~ ~. e.t.
q th6 one = Is iia''I rs iIe6an; vs. o9sr-
the jtlg!ns lining tl.e dean arfef en-
bet hs neslKned q, elkxl
81 * bill oi exchxnss drawn Id kLorIda, p4ya-
BE g Geo,gis &c d.A.sr ss!pg rs..esn. g,
Che payment % be made II Georgia, d ioreign
s.. The general rule i, that whssn notice BE- The
nou.accepsance or non-pAyment o. = t6geiRn bill
pf exchange - to be proved. protest b inds-
bcnsAble. and the proof cannot y sapplled 10
I. = Although the drawer has 40 finds ID ths
hands OF the drawce yet II he has 3 right TO ex-
pecsto have finds In the hands Of the drswee 70
meet the bin. Or u be has . right % expect The
bill 20 be accepted ~ the urawee in consequence
pf "A agreement or arrangement with him OF II
iipon taking up the bill be would be entitled to
sue The drawee, or any other party 70 the blu.
then In every such case ne 81 entitled 70 strict
notice Of tho dishQnor." % Fla, 6i9.)
Indgmcnt aElruied.
.kF Mcclellan and j. Is. Yonge, for Appel
liant; d. l. McKinnon, for Appellee
The State "a. rss II. w. Arpsu, ReIatoF, W. N.
j.. Brown, Collector OF Revenue for Duval
/ agunty, Respondent Mandamus.
RaFpAIr, C. o.:
4: The act Of March s. 1883, relating to grant
sa r as Il requires that 40 applicant for license
shah prOduce TO the Board Of County CoEuuis.
,siouHrs an application signed by majority a. .
the registered voters In the election districi r.
which he desires the privilege to SELL and otks>
wise comply with the terms prescribed, Is = val
Eact,: not fepugnant to the Constitution OF ~;
Stale or Of the United States.
/ q The nth and sixth sections Of thoact VIII
seek toinyest the board Of County Commissione'
with judicial power to hear, try and determine
Complaint against the holder Of license, and e
impose penalty by revoking the license, an
void, rs they create q court not authorized b
/ the Constitution.
/ 8.sAn act may be void In part without affect
ing: ether parts of it, If that which remains Z
capable of being executed in accordance win
The purposes Of the Legislature wholly indepen-
dentof that which is rejected
/ Alternative writ quashed.
john E. Hartridge, John t. and Geo u.
Walker, for Relator; Attorney General 0eorea
r Rsney and ". B. Young, for Respondent
Francis F. L'Eogie. Appellant, vs. Edward n
/ LIngle and Theodore Hartridge, as admins
.tFstt0r of the estate of John p Handerson, de
ceased, Respondents county.
WEsrCorT, J.e
II Administrators loan funds, assets OF the e.
tate they represent In suit by them in theR
representative capacity as administrators 10 q
covGr. the money the defendant cannot set OF IL S.
valte:of his services rendered the estate at lhs
request of the administrators. Unless specialF
authorized by law the administrators can make
no new contract binding the estate. The rem
cdy u the party contracting with them Is pes.
songt against them and the Judgment Ia such &
snit Ia TO be satisfied de bonis pr0priSa 81
g. Where demurrer to plea heard In vaca-
tipnfs sustained, and there is no proper applica-
tiohcto withdraw the demurrer or to amend or
plead further, the proper Judgment to be rem
derod is final judgment against the defendant
The Judge under the rule and statute should 90
order, and where the action is upon q contracs J
In which the clerk can assess the damages, q
formal final judgment, sustaining the demurrer,
and for the damages assessed should be entered
ingfslr arule day. Ajudgment entered by the clerk
at a subsequent rule day for default In pleading
is unauthorized as there h no defanit the defend
ant having pleaded and his plea having been pro
nouaeed insufficient ia law.
! Judgment reversed.
j. E. Hartridge and W. B. Young, for Appel
liant; 9. P. s. J. G. Cooper, for AppeIlees.
George d. Huling, Appellant vs.. The FlOridS
Savings Bank, &c, Appellee-Dnyal county.
WEarCoTr, III
!. The omission of the signature Of PLAINTIFF
attorney to an amended declaration, his nan
already being of record, and defendant hayiu
pleaded is no ground for arresiing or reversin
the Judgment
q After afull trial upon the merits and Va
dict upon the matters embraced in the declsri
ton and pleas, the mere absence of sini5iter
plea or replication Is not ground of arrest z
judgment or reversal, the siHili3er not hsyiu1
been insisted on by the opposing party or re-
quired by the court.
3. When in assumpsit defendant has pleaded
tho general issue, ibid not promise as alleged,
and second plea that he did not contract Is a.
legged tie latter is merely repetition of the gen
eral issue
4. When plea is not responsive to the declas
ration or any part of it, it Is frivolous and NAV
he treated as nullity, and without motion %
strike out or dcmur the plaintiff is entitled %
Judgment.
5. A verdict should not be set aside as against
the weight OF evidence, unless the prep0nder.
ance Is such that it must have been produced BIZ
considerations other than due respect to the 8
evidence
g. A verdict is not against evidence when there
is legal evidence to support il, though thsre be
conflicting testimony upon material points 81
2 Both parties having proposed written in
straletions which were given by the court to the
jury and no exception being fakeB the acquies-
eebce OF parties is presumed and alleged error in
some portion of the charge cannot be insisted
upon on appeal.
Judgment affirmed.
Fleming & Daniel, for Appellant r. B. Archi-
l,asd, for Appellee
Civil Appointments.
The following civil amendments have heen