The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-11-25
Lara, Ross & Co.. Appellants, W. Greeley:
Blaisdell, Appellees-Duval county.
WEgTCOT.r l.:

/. A. contracts with B. to do certain wnsk
One Of the stipulations of the contract is tlBst
| payments shall be made to B. when the wsfk
| contracted for shall have been inspected and s5
cepted, A. reserving ten per cent. from each ps-
ment until the whole work shall have been ~
| spected and accepted; A. 10 have power in cste
| of BIS failure to perform the work faithfullys 20
| annul the contract. The reserved percentage Hn
| such event was to be forfeited. B. csntrsds
with G. to do the work upon like terms rs exsltd
| between himself and A. c. performs a parf pf
| the work but fails 10 complete it and abandAbs
it. B. completes the work and collects the me9-
ey due on the entire contract: Held, That G. 90
not entitled to the ten per cent. retained fr9an
| amounts due him for work done by him under
| his contract with B. III
Q. Where the testimony Of plaintiff is that iAe
contract upon which he sues was made at ccs-
tain place and in the presence of named di$h-
| terested parties, and these parties when exa1a.
! ined deny any knowledge of such contrasn
plaintiffs testimony must be rejected in the ~
termination of the cause. l:s.i
judgment reversed. /.
Fleming & Daniel, for Appellants; R. B. Are;,
ibald, for Appellees. i:H
John O. Neil, sole surviving partner Of the lsiP
firm of Penniman Co. Appellant, VS.. Alea,
ander X. Percival and his wife, Fannie B. PEI
cival, Appellees-Duval county. Il;
WEsrcoTT, j.. f..
/. The statues of this State relating to mechsq
les liens authorizing an executory contract to sIc
followed by a personal judgment do not en-
brace married women. E;
Judgment affirmed.
,Jno T. & Geo L. Walker, for Appellant; h.
W Cockrell s. Son, for Appellees. s.
Geo. Wheaton Deans, administrator de bonis ntA
OF the estate of Jacob Foreman, deceased, All
pellant, VS.. Uriah Bewden sheriff, and Leo4i.
das W. Spratt, Appellees-Duval county. I
WEsrcorr j.: |:
A person in quiet possession OF real estate ~
owner, NAV obtain an Injunction to restrain OBJ
ers from dispossessing him by means Of process
growing ont Of litigation to which he was noEA;
party. B!i
Geo. Wheaton Deans, for Appellant; Jno. Z.
s. Geo. U. Walker, for Appelees. y;
Thomas J. Wharton, Appellant, VS.. David II.
Hammond, Appelee-Nassau county. IL
WEsrcoTT, j.: /
1. promissory note, and mortgage 10 secuIe
its payment, given by client to his attorney ho
secure payment for professional services, will te
sustained if the transaction is fair honorable anil
proper
2. Where there is simple conflict in the tes,i-
mouy. the findings of referee will not be dfs-
turbed
Judgment affirmed.
Jno. T. & Geo. U. Walker, for Appellant p.
NJ. Hammond, for Appellee.
John JOost, Appellant, vs. Charles @. Ellio8,
Appellee; and P. Tischler, Appellant, vs. 4.
w. WALL Appellee-Duval county. =:
WEsTCoTT, j.: /
/. A paper purporting to be a citation. which,
is not properly tested and which is not served
by an authorized officer, is not legal notice Of
an appeal.
O. Writs issuing from this court or by the
Clerk of the Circuit Court, which serve the put
poses of writs OF this court, should be tested "a
the name of the Chief Justice of this coun
There is no law authorizing any writ to be tested
in the name of the Judge of the Circuit Court. !.
Appeals dismissed. 81
T. A. Mcdonnell, for Joost; J. W. ArchbaIa,
for Elliott; Jno. T. & Geo. U. Walker, f@
Tischler; NJ. G. Jordan, for WALL
John T. Walker, George q. Walker, Elizabeth
II. McCallum, ct ais, Appellants, vs. GeorgH
F. Drew, ct ais, Respcndents-Duval county,
WEsTcorT, !:
I. A surety for a debt of deceased intestata
the debt being due, has provable claim against
the estate s
q In the absence of legal personal represen-
tative of deceased intestate Q creditor of sucA
intestate has no equity to have receiver ark
pointed to collect the assets and administer the
estate this in a suit by such creditor against al
testate, and debtor to the intestate.
Decree reversed.
A. W. Cockrell, for Appellants; b. 81. Buck.
man, for Respondents
D. F. Hammond, Appellant, W. j. J. Lynes, Al,
pellee-Orange county. &
vANVALKENBURGH, j.:
A sale of goods obtained under false and fral-
dulent representations works no change of protS
erty or title while the goods remain In the hands
of the purchaser. Such q sale may be avoideA
by the vendor, aud he can maintain an action n
replevin fer his gooda I
Judgment reversed. 4
Hammond 3 johnson, for Appellant; sE
Clair Abrams d Beggs, for Appellee. e
Baars & Downing. Plaintiffs in Error. va. 0ordoa
q Stamp, Defendants in Error-EscambiI
county. q
| RANDALL. C. j.: E
1. The bond required of plaintiffs on suing osl
an attachment, TO be signed by two securitiea s.
joint. and not joint and several, is good under III
statute. 4
2. In framing an attachment bond signed III
| the plaintiffs and two Others conditioned thsa
plaintiffs will pay all damages &C. the two othE
| signers are securities" whether 30 named A
| the writing or not II
| 8. When . suit Is commenced by iliue nras..
cipe for summons Gd resp and for writ OF attach,
ment against property, the simmons being issuh
| and served On . person not defendant. and tl3s
attachment beng served BY levy On defendants'
| property, general appearance and ebtainirn
time to plead by defendants 10 a waiver 81 reos
lar service Of process; and dissolution Of ths
attachment does not abate the suit 3
l. Wheretwo peTsons afIlx their names a0a;nas
one seal or scrawl u 10 good sealing.