The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-03-05
HEAD-NOTES TO DECISIONS OF THE
SUPREME COURT OF FLORIDA.
January Term. A. ID. 1889.


The State of Florida ex REL, J. J. Buckheitt, Re-
lator VS.. Cecil q. Butt, Judge of the Criminal
Court of Record Of Orange county, Respond
ent-PrOhibition.
And the State of Florida ex REL, Harry w. Met
calf, Relator, VS.. Cecil G. Butt, Judge of the
Criminal Court of Recor of Orange county,
Observation-Disclosures.
RANEY. G. j.:
l. The Constitution gives to any Criminal Court
of Record that may be established by the Legis-
lature in q county, Jurisdiction of all criminal
cases not capital which may arise in the county,
and provides that the Circuit Court shall have
final appellate jurisdiction Of all misdemeanors
tried in them, and that the Supreme Court shall
have appellate jurisdiction of cases of conviction
of felony by them.
q The sale of liquors contrary to the provis-
ions of the act of 1887 Chapter 370O, for the
forcement of the 10Th, or local option article Of
the Constitution, is, under the terms and effect
OF the third section of said act and of section 25
OF article XVI of the Constitution. INSIDE
meanor, and judgment of conviction thereof
rendered by Criminal Court of Record, is sub
ject to be reviewed by the Circuit Court.
3. The Legislature cannot take f.om the
County Criminal Courts of Record their consti-
tutonal jurisdiction to try a criminal offence
not capital.
4. A mere grant of jurisdiction to one court to
try certain class of criminal offences, is not a
withdrawal from another court of an existing
Jurisdiction to try the same offences. An act
whose terms pirpOrt simply to grant to the Cir
cult Court jurisdiction of an offence which such
act makes msdemeanOr, will not be held as
having been intended to deny to the County
Criminal Courts of Record their constitutional
jurisdiction of such offence, but should be con-
strued as simply grant of concurrent jurisdic-
ton to the Circuit Court Whether such grant
of concurrent jurisdiction is constitutional,
not involved nor decided.
Rule discharged.
j. H. Allen, for Relator Buckheit; Foster &
Gunby for Relator Metcalf; Massey & Wilcox,
j. Hugh Murphy, for Respondent.
Julia A. Edwards, executrix of William Ed
wards, Appellant, VS.. P. L. Thorn, Appellee
Alachua county.
RANEY, j.:
l. Proof by subscribing witness to mort
gage that he saw the mortgagor sign the nstru-
ment and acknowledge that he did so, is not
sufficient proof of its execution to authorize its
admission to record
g. The record of a mortgage made upon in
sufficient proof of its execution does not const-
tute notice of the mortgage to subsequent bona
fde mOrtgagee for value.
3. A notary public can take proof of the
execution Of a mortgage of real estate, for
cord
a party defendant with the mortgagOr to a bill
filed to fOreclOse duly recorded prior mortgage
and has become the purchaser at The sale made
under the decree in such suit is entitled 10
priority of payment out of the excess of the pro-
ceeds OF sale AS against a mortgage executed be-
fore his, but not legally recorded, and of which
he had no notice when he took his own mort
gage.
5. If person holding first mortage surren-
ders it, and the prOmissOry note ii secures, to
subsequent owner OF the land mortgaged, and
takes from such owner a mortgage securing
both the sum he paid for an assignment of tn
former mortgage and note and sums of money
which he has advanced to such subsequent
owner, and the latter has the record Of the mort
making it and the first mortgage. such first mort
quent mortgage for value and without notice
g. When decree s so framed as to cover GER
by the other pleadngs but not sustained BY the
testimony, 1t should be 80 modified as to make it
cover only the issues sustained by the testimony,
some circumstances, be essential or material to
defendant.
Decree affirmed in part and reversed in part.
]. H. Goss Ashby, Scott s. Thrasher, for ap-
pellant; Hampton & Hampton, for appellee.
Perry Davis, Plaintiff in Error VS.. The State of
Florida, Defendant in Error-Suwannee
county.
MITCHELL. j.: