The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1883-07-03
HEA D.NOTEs OF DECISIONS or rw-
]: SUPREME COURT OF FLORIDa
June Term. A. ID. 1888.

: Cincinnati Belote. Appellant, VS.. James y. Bell
Adm'nistratoI OFF NJ. O'Brian. deceased Al
peHee-Duval county.
IVAN V4LKENBURGH, j.:
l. A bill of particulars attached 10 the dac,.
ramon in an action of assumpsit, although sworn
to, is in no sense evidence In the cause nor IL
any event can il be referred TO, to supply a A.
1icicncy in the proof ON the part of the plaiu,iF
Its sole object is To inform the defendant of ,L
mature and character of the cause of action. AMI
for what particular items it is brought
+. 2 The effect of the exceptions to the general
s1ule, n provided in chapter 1883 Laws 1874
: lMcC's Dig, 5lS S24l is not 10 render a witness
generally, but only incompetent IN
testify upon certain specified subjects. namely
:" Transactions and communications" had with
lhc deceased in his life time. Any party NAV
testify 10 any fact pertinent to the issue if Il
does not come within the exceptions as provided
i in and nv the statute.
f Judgment reversed and new trial awarded
/ r. NJ Call, for Appellant James l.. Harm for
I Appellee
/ The Singer Manufacturing Company, Appellan,
+ W /, w. Spratt and J {. Marcy. Jr. Appel
lees. w 4. Mclean, Appellant, vs. the same
+ ApprIlees A. b. Campbell, Appellant, vs.
the same, ppcllees-Duval county
;RANDAll, c. j.
a writ ut prohibition should not be granted is =
final Judgment upon the suggestion filed and the
| facts therein contained, from which an appeal
( hes
,. The power TO issue the writ of prohibition
40 original proceeding does not belong 10 the
|. Circuit Courts, and can be issued by them only
/ "a auxiliary TO jurisdiction already acquired
+ Judgment affirmed
F. q Wheaton Deans, for Appellant; John 7
and Geo. I. Walker, tor Appelees.
Augustus F. Anderson, Plaintiff in Error vs.
The State of Florida, Defendant in Error
| Wakulla county.
'VASV,LkENBCRGH, j.:
An indictment must be found within the
time limited hy statute, or the offence charged
therein will be barred
2 An indictment was found at the spring
term OF the court held in April, 1882, alleging
| thai the defendant had committed an offense.
+ not punishable with death, or about the first
/ lay of March, 1890 Held, that the offense was
. barred by the statute, the judgment arrested and
HE defendant discharged.
/ ID = Walker, Jr., for Plaintiff ins Error At
iorncy General Raney, for the State.
Bennett +. Neal and Benjamin Fl Neal, Appel
lants W Joseph II. Spooner and others, Ape.
lees-.]ackson county
. RANDALL, c. j.:
= l. under The pea OF not guilty. IN e)ectment
special pleas under the statute of limitations
should be struck out Evidence TO prove ad-
verse possession, or an adverse title, may be Civ
rn under the general issue
Q The record Of deed is not proper evidence
4 objected 10, without proof of an original duly
executed The original is not per evidence.
but its execution must be proved by evidence
other than the certificate OF proof or acknOwl-
tdgement for record
3 a tax deed, purporting on its face TO have
been executed within five days after the sale by
he collector, is void.
Al the trial and before cause is submitted
10 the jury, the proceedings may he amended by
striking ont the name of plaintiff, and also by
inserting The name OF next friend of plaintiff
Who is shown TO be minor, under the sixth sec
ton of the Practice Act of 1861.
B. The omission of next friend TO give
,hond To secure the proceeds of judgment to he
recovered cannot be assigned as error by the de-
PENDANT on appeal. 1t does not concern him, and
he Is not injured or prejudiced.
q A judgment in ejectment in favor OF the
plaintiff should stale the quantity of the estate
recovered This is required by the statute of
1881; and judgment which does not show
what estate is recovered and to be delivered
must be set aside and proper judgment entered
by the court coniormable TO the verdict
Judgment vacated.
ID. |. Mchinnon. for Appellants; J. F. Nc
Clellan for Appellees.