The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-05-20
HEA AD-NOTES To DECISIONS OR GHE
SUPREME COURT OF FLOREDt.
January Term, n. ID. 1854.

The Pensacola and Atlantic r. II Co, Apf'
liant, vs. Wayne K Atkinson, r .srpr,i"rr~ :
Appeal from Jackson county
| RANDALL, &. j.: $
! 1. Declaration alleging ;ha, lesy;! !:ia' st2
| ploycd plaintiff as cig engineer In Iak', Ct,T:'
| of construction OF a road and aIthnrIZr t. 'FE
| plOy and hire teams and transportation ~ ~
| course OF such employment ut dclru,ant'- g. /
| pense, and plaintiff employed AMI I.l.t I $
teams, &c, in the performance oi his dams !
not dcmurrtble Such contract cnii'l.> hn !.
be reimbursed for reasonable outlay it'i mt.... !:
transportation.
9 Letters written by the Chief En-. .nru 81
| railroad company, no. being O the res gtstr arS
not admissible III cvidrncr IN ftvor Of fi,r ~ !
| pany. :
B. Testimony as t" what expenses were r,.'r-s
siry To be incurred by an engineer urpn ore {
ton of "A road in It's construction, i not com jus
tent 10 show what outlay was proper ptDS
another section, there being no cvi:cnc liza;
! the conditions were the sun" in both ,.r ini>
The statute requires THAT y Iuir,' sita}i l}rs
or reuS" TO give 10 the jury such lnS'rlctoi;- 4:
| may be proposed 10y counsel. rs I,rnj~,s,"
alteration n snch Instructions ~ M. ltrt,. y 4
then gives them to The jury ,m"ndrl. i, {
fuSal to give them as proposed aai i rir.+ \
The instruction in either form i m.'.fl,ti. ..l, I
HE jury may be mi>lri Ia In" injury "i thc ~; =
excepting. 1.-THE instruction is nnl r-rt.ucsti d,
, the evidence there IN he no error m rsus'nL 3,
Judgment affirmed
J. F, McCrll,n, l,r App illrt; ii ,oa Y;
Carter. for Appellee
The State cx rel Thorn,~ X Dixon, Rt :!
the Trustees "i The Internal Innrnv,lnrnt
Fund, Respondents -Man.limus
RANDALL, {. j..
l. \ paid 10 the salrSmtn nt .hr = Is,,tc,. ~
'hc Internal Improvement Fond The ,rice - .
parcel O land and received "A crftitct". ~ ne
stating that deed would b. made, ,u3 .-iiyrl..,s
| to the purchaser which certificate W. Hnttr
the seal OF the Stale Lanl Oiic, ~. e ,f.+
cafe WIS recorded in IN. CicrN'> n!ii,.. ..
proper county. Al rr~af,'~ the Tr.-t,. :.,..
vcyed ;hr land hy lrr,i t" b On the ~. .5..,-
tl"n "l y Tor Il writ Of mand unr- /" e. .npi ...
Trustees To Issue tn him dr'', IN p,i>,i,ac- e
the certificate, it is hed. rhai they hrt -
vrye'l 10 }. ~ title remained IL hrl t.a l!r 4;
could give none To \.
>. Registration j. HoiiCr 20 ~l.l~ .t'it'at p e..
Cli;,srls, but ',r moi ALL. tnr -rtn'orl
& Though mandamus m ~ b" = ;,rn. ur ,rt
ceeding 10 compel the Trustees Ia max dr,.a
in pursuance "i their agreement. yet Wi'rc lit,
have conveyed 10 auuh,r not it,i az. ia. ;..-
contract the granlco hl. Irg,l tnlr wiiri, ,..n
not he impaired ''r affected h., = mlnAnlhll- pr.
cecdln. in winch h'- Is np "A parry, and 'hc Nri'
Will be- refused. The rt", controversy il. s,,,.. .,
case is between the purchasers.
Prrrmpory writ denied.
4. w. Cockrcll, for Rrr,ur; Gcp = R,.,,.
for Respondents.
+. =. Rushing and wife, Appellants. y. AZ,
Lotion TT ais, Rcspondt Appeal from Da
RANDALL, C. j.:
l. y decree pr" co.tfxsD in ,lcia,lt -, pleas, D. J..
against defendant who hrs irrn sumuI,nr,i =,
publication, mus, b. sgucd by The .Iugc l.
signed by Solicitors il is nngatnry In Tins tis..
thtr Int
which is substantially decree pFo r0nitxt, /.
2 A final decree rendered against / liqr.>
failing to plead or answer. without "A decree. pr..
con. having been rnlrre my hr lrs, gur,r.
but the final decree is not therefore void; | 81
IOneOus, il may be set i>itl. ON appe Il I'm, 40
advantage can be- taken Ol the error crlla,rr.,9iy
as when The record is offered in evidence
8. After decree pro conftsS0 The cnmIlnilAri
may proceed er pdIte ana his motion Ihe.
cause may be referred t" IL referee. for ir III and
final decree under the Constitution and thr
statute, and a decree rem .erc,l bv IA referee. -,
appointed, when duly recorded, is effective az
decree rendered by The Court.
4. A referee is a judicial officer appointed bv
the Circuit Court, and the order appointing him
though irregular, makes him officer Il, f.s.f.
whose title cannot be aS>aicd in Il collateral
proceeding. If the appointment he iri""ul IL
made the remedy for the error is by m.,,iun it:
the same Court or by appeal
Judgment affirmed.
&. p. & J. G. Cooper for Appellants; + A.
Mcdonnell, for Respondents
c. B. McClcnny, Appellant, vs.. $. B. Innbud,
Rcspondenl-Appeal from judgment ot Il i :
ercc-Duval county.
RANDALL, c. j.:
Where there is conflict of testimony givrn in
a trial before referee, and his finding i IN
favor ct n party upon the ttc'S this coult w ii
give the same effect to the finding rs /, The ydr
dict OF Il jury, especially where such finding is
supported 10y II prepondPrating number of W.T.
nrsscs who are not impcachcd.
Judgment affirmed.
John E. lIartrldge for Appellant; Fleming IL
Daniel, for Appellee
The State cx rel Yelverton, Rrlalor, VS. NJ. f.
Cooper, County Judge. Re|pondcnt--Ap ppcal
from st Johns county.
RANDALL, G. j.:
l. The statute regulating appeals from orders
and dccrccs oi tho County Court IN Probate
proceedings contemplatcs that the appeal Shall
be entered IN writing by the party appealing. \
mere verbal request made Ia the County Judge
io enter an appeal in his minutes furnishes no
ground for II manhamus io compel the .Julg' 10
enter the appeal, if he neglrcts To comply with
such request
3 A County Judge may, ~ Il spirit of accom-
modati0n, enter an appeal in writing NJ The re-,
quest ot II party, hul il is not n duty eniointd by
law. A Judicial officer Ought not to be mads,
responsible for the sutfcency oi plcadingt and
proceedings of parties.
Judgment affirmed.
A Il. Meek and b. F. Roberts, for Rclatcr; e.
NJ. Cooper and Calhoun Il Calhoun, Tor Respon
dent.
Snow Il Long, Appellants, VS.. Walter Lyon:
Administrator. &C. o Lake, Rcspondent--Ap; p;
peal from ST. Johns county.
RANDALL. G. j..
!. A grantee in quit claim deed or deed of
release, occupies the Same position in respect tt.
an nnr.cor,ed prior deed or mortgage as did his
gran'"r. lie is not n bona tide purchaser without
notice " ihin the meaning of the recording acts
2 a mortgage though unrecarded is good ms
between the parties thereto; and an assignee or
recasce by quit claim OF the morgagors inter
est is not allowed To invoke the aid Of the regis.
try laws |" avoid prior mortgage
Decree affirmed
Z. NJ CoOImr, tor Appellants Fleming &
Daniel and J &. Marcy & Son, for Respondent.
She was young and had pretty face
and a Gainsborough hat, but when she
asked it an aplary was not a place where
they kept monkeys, the spell was broken
and the charm vanished.