The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1886-03-04

sUranns CoUnR u vEenIDA.
JANUARY rss., :. :. 1855.
etass = ~ A N. Edwards, Rslasos, N. The
County CommissiSnsrs Of 6umhsr County
NandamuA
RAxxx. j.:
1. The allegations Of . return or an answer 70
an alternative writ Of maudamus, should Dc
stated positively and not upon Information ao0
8. The rules requiring pleas 70 be sworn TO
docs not restrict defendant TO pleading matters
Of defence which are within his personai
knowledge. The ai1davit b required - IN evt
dence Of the pleaders good faith In setting up the
defence.
compel the County Commissioners Of . county to
issue permit under Chapter 6416, Laws OF Flor
ida granting the right 10 sell liquors, wines or
beer, makes the necessary allegation that the pc
tilion 70 the Commissioners was signed By ma
jority Of the registered voters Of the election dis
trict, and the return to the writ alleges 10
proper manner that certain names appearing
thereon % petitioners were not sgned BY and the
signing thereof 10 not the act and deed OF the
persons represented by such names, and that
without such names the petition does NOT con-
tain majority Of the registered voters OF the dis
trict material issue will be raised and the bur-
den will be upon the relator to prove his aver
ment.
L. The applicant for the right to sell liquors,
wines or beers, under the above statute, may
sign his own petition and is to be counted the
same as any other registered voter Of the election
district
s. The simple failure to publish the marks :"
of few petitioners whose names are published,
il not material defect in complying with the
provisions of the statute.
8. Although the statute requires that each pc.
toner shall sign the petition in the presence OF
two credible witnesses, 1t does rot require the
witnesses to subscribe to such signing
Z A person who has not obtained permit
from the County Commissioners under Chapter
S416 Laws OF Florida, can not lawfully carry
on the business OF liquor dealer; such permit
is warrant, not only Of the right, but also of the
personal fitness of the person TO whom II may
have been Issued, TO conduct such business, upon
obtaining license from the Collector OF Rev
enue under Chapter 3413, and is not transfer
able.
g. The assignment of liquor license issued
under Chapter 3413, TO one who had not obtained
such a permit, by another " no has such per-
NIT, does not vest the former with the legal
right to conduct the business Of liquor dealer,
and before he can lawfully become the assignee
Of such liquor license, issued under the latter
act and be vested with the legal right TO carry
on the business Of liquor dealer he must, him
SELF have obtaineda permit, under Chapter S416,
from the County Commissioners
9. A person who has obtained q permit under
Chapter 3416, may during the license year (which
is from October Let to October 1stofthe next year,
or during such part of il a. may not have ex-
pired when the permit is granted, carry on the
business Of liquor dealer at as many places in
the election district ~ he may obtain liquor Ii
censes for, under Chapter 3413, from the Collec-
tor of Revenue, or by assignment from another
who may have lawfully obtained them from such
collector.
TO- A mandamus will net issue to. enable a
person TO effect an illegal purpose, g. to compel
the County Commissioners TO issue . permit to
sell liquors under Chapter 3416 to one whose
purpose is to transfer the same, and license to
be issued by the Collector of Revenue, to another
who has not complied with such statute, and to
thereby enable him to carry on the business OF q
liquor dealer unlawfully.
The motion TO quash granted.
H. FL. Hendon, Calhoun, Davis & ellis, for
Relator; Hooker & Mabry. for Respondents.
Mary L. Moody ct al, Appellants, vs. John Ham
ilton. Appellee-Duval county.
RANEY,J
The County Court made an order confirming
sale of land and directing the commissioner to
make deed of conveyance to the purchaser
upon her paying the purchase money. On
February 7th, 1875, soon after such ORDER the
commissioner executed an instrument to her
which was deficient as q deed from having no
seal affixed to it. On April 9th, 1885, the COM
former date, and in the acknowledgment of it
for record stated it was executed on the latter
day. In an action of ejectment brought by her
in the Circuit Court against q third party to re-
cover the land, the petition and other proceed
ings of sale down to and inclusive of the order
confirming the sale, were read in evidence. The
deed was then offered in evidence and was OBJ
jected TO because of the erroneous date in the
Introductory part thereof and IS having been
made without authority; and II was excluded
by the court No default or laches upon the
part of the purchaser in paying the purchase
money, nor any fraud, nor any suspension of
said order was shown: Held, To be error, and
that the erroneous date did not invalidate the
deed, nor did the execution of the imperfect in
strument, and the lapse Of time abrogate the
commissioners authority under the order to exc
cute perfect deed.
Judgment reversed and new trial granted.
Gee. Wheaton Deans, for Appellants; c. P and
]. c. Cooper, for Appellee.
Eliza McDougall ct AL Appellants, vs. Eliza
beth A. Brokaw, Executrix, Appellee-Ap-
peal from Leon county
McWHoRTER, c. j.:
/. The heirs of deceased person are emit
tied by the Constitution, Art TX, Sec. 8, to the
same right Of exemption Of property, which be-
longed to the deceased at the time OF his death,
from forced sale, - the deceased had in his life
time.
2. A fund On which a claimant had originally
TO equitable or other right, may be substituted
for another fund which was subject to his claim,
when the latter fund has been sold or otherwise
disposed Of for the benefit or relief of the
former.
8. But this principle cannot be enforced to the |
extent OF divesting prior equitable liens of third
persons upon the fund sought to be substituted
Judgment affirmed
r W. Williams, for Appellants R. B. Hilton, |
D. W. Gwynn. for Appellee.
w. g. Robinson, as Assignee &C., Appellant, va |
J. P. Nix, Appellee-Appeal from Marion |
county.
RANEY, j.:
An assignee Of an insolvent Hrm 10 trustee of |
an ezpress trust under Chapter S241, Laws Flor |
ida, (McCs Dig, s72, p. $780, and may sue at |
law in his own name a. such assignee to recover |
the amount Of an open account for goods, wares
and merchandise assigned to him as an asset of |
the firm.
Judgment reversed.
W. S. Bullock, for Appellant; 8. D. McCon-
nell, for Appellee
P. B. Blount Plaintiff 10 Error, vs. J. q. Gala
her, Defendant In Error-Suwannee county.
McWHoRTER, C. j.:
/. On the rule day In March, 1884, which was
the return day OF summons In assumpsit, the
clerk made the following entry: Judgment In
default IL hereby entered herein Ia favor of said
plaintiff for the sum of $685. 49," Held, That
this was only judgment by default
O. A clerk Of Circuit Court in entering judy
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