The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-07-23
III IA D.NOREss TO DRCIsTONe OF The
SUPRRM8 COURT OF FLORIDA
June Term, A. ID. 1888.


The City of Pensacola Plaintiff in Error, W
The Louisville and Nashville Railroad, D..
PENDANT in Error--EscAmbia County
MCWHoRTER, c. J.
l. Neither the tax collector Of city or the
tax assessor OF a county 10 which said city is
situated, is necessary party to- petition. flied
against said city, under section 4, chapter ISL
Laws OF Florida, by person owning property
therein, the only prayer Of the petition being
that an assessment Of said property by said CITY
for taxation be declared unlawful.
g. Neither section g. chapter 3,2l9 nor sec.
tsn 49, chapter SAB, Laws of FIorida, author
ize the board Of county commissioners To raise
or lever the valuation of property of a railroad
company assessed by The comptroller OF the
State under section 46 OF each of above Acts.
g. Section 49, chapter 82l9, and section 46,
chapter 3,4l3, Laws OF Florida, charge the comm
roller of the State with the duty of assessing
The total number OF miles and value Of any rail,
road in this State, the line OF which runs through
two or more counties or through q county and
Incorporated city or town, ano apportioning the
value of the said road in each County inc,r.
po.ated city or town, and the proportionate
value of the locomotives, engines, passenger,
freight. platform, construction and other cars
and appurtenauces, and withdnWs from the
local assessors Of the said towns and cities.
through which the said road runs the power to
assess the same under the general power granted
to municipal corporations TO assess and tax all
real and personal property within their limits
L. All other property of railroad company
within the limits Of an incorporated CITY or town.
not required by section 46 Of each Of said acts.
to be assessed by the Comptroller, can be law
fully assessed by the Tax Assessor OF said city or
town in the manner prescribed in Chapter AT,
Laws Of Florida.
g. On a petition fled, under Section l. Chap
YER Isl, to declare an assessment unlawful, it is
IL 81. I,0In
lawful, where the illegal items can be separated
from the assessment list without impairin2 or
affecting those parts Of the same which are
legal OrerruGn0 BIssneU CO. City of Jackaon-
sslk, 10 Fla, 664
8. The County Commissioners Of n county 10
which is situated an incorporated city or town
have no authority under Section 2, Chapter
3,O25, Acts 1877 to enlarge the boundaries OF
said city or town in the absence of petition
from the corporate authorities requesting AL
enlargement OF The same.
Judgment reversed.
]. D. Thompson, for plaintiff Ia error; w A.
Blount for defendant in error.
John G. Bremen Son & Co. Appellants, vs. b
Jones, &. a. Appellees, and De Graun, Aymsr
& Co, Appellants, vs.. B. Jones, ct. al, Appel
lees-Escamba couniy.
McWHoRrER, c. j.: --
l. The disability of coverture prevents a mar
red woman from forming contract OF cOpart
nership.
2. On bill fled by A. s. B merchants alleg-
ing an Indebtedness " them by B. Jones, Lewis
Willis, and Mrs. z g. Chipley as copartners I'M
der firm name Of Jones' Willis & Co, for goods
sold 10 them Mrs Chipley being married woman
and said bill praying for a sale of the properly
of said Jones, Willis b Co., TO pay said indebt-
edness, a court of equity ON a demurrer to
the bill should sustain the demurrer and dis
miss the bill.
Judgment affirmed.
John G. Avery, for appellants; VIM. A.
Blount, for appellees.
T. 81. Caruthers, Appellant. va r. w. Williams,
Appellee--Hernando county.
McWHoRrER, c. j.:
Caruthers applied to Williams for . loan of
money to purchase eighty acres Of land, agree
ing TO pay him interest on the amount borrowed,
at the rate Of twenty i've per centum per annum.
and TO have the deed TO the land made to Will
liams security for the repayment Of the loan
Williams paid the purchase money, taking q
deed to himself for the land. and agreed TO convey
the same to Caruthen whenever Caruthers repaid
him the purchase money and interest At the rate
agreed, Caruthers offered 10 pay Willlams the
purchase money and Interest, but Williams
refused to receive the money or to convey the
land To him Held,
1st That by the Transaction between Caruth-
ers d Williams, the latter became the creditor OF
Caruthers and held the land trustee Of re-
sulting trust in favor of Caruthers aud rs securi
ty brittle nancy advanced and interest
ID Bueha Transaction made u ~ before the
purchase ofthe lsed y not Objectionable on the
RrSnu6 u being uithin The statute of frauds
IM6Oel1anS Dig4 d IA, Sec ~ for the reason
that Il IL &" trust arising resulting from the i'm
plic&tion or construction of law"
Decree reversed.
Jno A. Henderson and T. L. Clarke, for APP
pellant; J. T. Bernard and d. Turnbull. for Ap-
e. 80. =. .~
It. H. Gary, appellant, vs. R j. Micklsr ct a..
appellees-Hernaudo county.
McWnoarEA, C. j.: {RGnry j., disqualiAetl.l
l. The rules Of practice for the government OF
the Circuit Cpurts 10 suits ia equity "only au-
G16stzS Ihe nhintiEsef corpplxinAnt TO set dow o
!. NE 4aaSe NrheariAe on baf sad answer"
O. It u not error to refuse to dismiss . bill in
equity after answer and replication thereto are
Hled and before the time for taking testimony
miss theissme on bin and answer.
Decree affirmed.
Juo. A. Henderson and T. L. Clarke for ap
pellant; Angus Patterson, for appelleea.
John Bush. Plaintiff in Error, w. The Stat.
r DeCendentin Error-Leon county
RAxEYJ.:
Where there 10 simply an order made in tern
allowing time for perfecting bill Of exceptions
and such bill shows upon its face that il Was no
presented TO the Judge during the term Of tn
court at which the order was made, nor till afle
the exnirsiion Of the time allowed BY tho ofdes
4 win not be considered on q writ Of error.
InAUrnent Affirmed