The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-03-25


ather respects appears To be valid
Altcrn tive writ quashed.
ravlor 4 sanchez Tor Reaior.
tc State tx rclatione Herman Basch. Relstor,
vs. The County Commissioners of Jefferson
County, Resron lcnts-Mandamus
RANDALL. G. j.
! Til, act ri March 3. 1883, To regulate the
.,ele OF Intoxicating liquors wines and beer, pro-
<de> th,t m applicant for license shall present
a pr,ilion asking the Bo1rd of County Commits
-ioners Ia grant the right to sell such liquors.
wines beer y petition asking for license
~" sell Prituous or intoxicating liquors, wines
al,d beer is II good and sufficient form of APP
piication under The act.
, That law imposes upon the County Com
snSsionCrs the ,luiy To act upon petition for
a>rnsc L. sell Intoxicating liquors, and if such
II ricallon Is properly signed, authenticated and
p0Iishcj they should grant it. They have no
Ill crcion or authority 20 prohbi the sale OF
tnprS hY refusing Ia act upon proper petition.
= 1t Tie law had lailcd To require the Board
% commissioners To act upon such applica-
t;tns. i, would have been totally imperative
10 accomplish lis expressed object. Courts, in
constituting IL statute should, far as the Ian
gange Will admit give such construction as
viii make il practicable, Just and reasonably
convenient
4 \ petition for IA license signed by less than
tn" majority oi voters 81 The district denied.
Al the ensuing regular meeting an additional
nuInber Of names thus making majority, was
affixed Ia the original petition on file and the
VII ,e in V authenticated and published HcLd
That lhou.l! courts would consider such signing
of paper already ON file injudicial proceedings
irregular yet in transacling the ordinary bust
mess ct the community by plain people in a sim
III. manner the strict rules OF courts should not
bc enforced. no fraud being imputed And il the
petitioner shows that majority have expressed
themselves il Is OF no consequence whether the
Il liliOna names aIc signed to the original or To
an additional petition of the same import.
) When IA petition for license to sell
liunols signed by the requisite majority of voters
duly authenticated and published is presented To
the Commissioners under the act, the applicant is
entitled by law 10 the affirmative action of the
Bnl,d and The b ,ard cannot be Influenced hy
petitions or other interference by rcmOnsrance
by requests Ia crease names of signers. After
tht y, liiinner has instituted his proceedings, his
acquired private right cannot be taken away by
ohc persons attempting TO discontinue them.
6. I'm appeal Ia the court on moral grounds To
wii't'ld writ ol mandamns requiring the issu-
ING OF 4 license T. sell intoxicating liquors, and
thus - annnl valid act OF the Legislature by
lusin4 to enforce it, is addressed to the wrong
tribunal. The moral standard OF individual
judge. is no. the proper boundary OF legislative
discretion
Pr!cmpturv writ awarded
+ !. tlarlc and Wan. B. Lamar fof Reator
i Hilton, for Respondents
John !" Price Appellant vs. Geo. L. Merger
.a1 F. Is. Sackett, eSpondenls-Brevard
conuiv.
IANpAsI.C j
|. l. flci bill 10 toreclose Il mortgage tor
81 ,oim rxecuredb by VI. on land in range 81, alleg
ing hat :. purchased the land subject to the
nc
NJ, bu' : pleaded that VI. had homestead
slai,n 90 land in range }6, and under act of Con
gre>. aItcrward entered and paid for it and oh
tainted iiie Receivers certificate and then con
V,ygl free ot incumbrance to SIS. not denying
hat he had purchased the mOrtgaged land sub
e, !" The mortgage lien answers that by an
agreement between u. and W. the mortgage was
eivett t. secure +. for certain legal services and
Sat il y" was unsuccessful the amount to I've paid
should pc 5000 only, ana that he was unsncccss-
tai Th" cause having been heard upon these
isltanr> the court held the plea good and dis
missed the bill Such decree was erroneous
The llrs sets mp nothing in bar as to the land in
range 80. and the answer admits that the mort
gage W. lien thereon to the amount of mt least
S5tN
Il ; has no interest in The land mortgaged
he cannot set up defence rs to the mortgage
'lPbl rs I does not concern him
Decree reversed.
John W. Price, tor Appellant Scott &
ThraShcr, for Appcccs
Ross, Keen ~ Co, Plaintiffs in Error, VS. Joseph
l.. Steen, Defendant in Error-Escambia
.county
RANDALL, G. J.
An affidavit to obtain an attachment against a
debtors property that affiant is 4" informed and
believes chat the defendant is indebted" is not
sufficient The Indebtedness should be directly
stAfed Or the atiiant should state such facts as
would show the Indebtedness
Judgment dssolvng attachment affirmed
". a Blount and John c. Avery, for Plain
lits III Error; E. A. Perry, for Defendant in
Error