The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-08-22
,wr COURT OF FLORIDA.
.o.ss 10 Deei.iOns. June Ier"'
Hcaano' 1891.
AnnoIlant. VS.. Daniel Is.

Bird, APpei'00
hABkf, ocess zoos, emanating from court OF
lnatent l. jurisdiction and NOT vol" Hpo.
oonP % should be executed by the olnceF
rs nbom ,S it is properly directed accorl-
70 .n .ni ;ts commands, and it does not com
ing :.b his duty as an executive Offlcer
p po', nsss Judgment upon the val,'.ty a ol
70 Pao. Socess and execute it or not as he
may writ of attachment eman ting
court of competent jurisdiction,
1rom roahle on the day of it's issuance, or
retul uln, noxt term of the court, instead OF
p~t 70 'no rnle day, is not void, and the
INC n04 70 whom it is directed will be pro-
tscted in executing it according I" 'CSeA'-
gency' GENERAL exception to the charge of
10 o. court to the jury will not be sustained
e " the charge contain a single correct
n.onos;tion of law applicable to the case:
Where the exception to Il portion OF
.ha charge is that the court failed to
Wv u;So an additional or qualifying clause, If
to nort;on of the charge excepted to is
.ood omC 30 far as it goes, the only way the
66srty excepting can avail himself OF such
n s1ception is by requesting the court to
o;ve the additional or qualifying clause,
ssnd If It be refused to except to the ruling
A charge to the jury which does not
submit for their consideration any facts
wb;ch tbey may not consider as proven
bv the testimony introduced in the case,
- NOT erroneous as assuming facts not
proven.
conveyed as to creditors may be seized on
nroner proceedings instituted by them
for that purpose, and such seizure may be
defended by showing that the conveyance
il fraudulent as to creditors, and i'll such
case the title to the property does not
mass to the fraudulent grantee as against
said creditors, and said property may be
subjected to the payment of their de-
mands. But the case is different when
the conveyed property has been sold by
the grantee and its identity gone. The
proceeds arising from such sale cannot be
levied upon as the property of the frau.
dulent debtor.
7. The constitutional exemption of one
thousand dollars worth of personal prop
erty enures to the head of family resid
ing in this state, and before party car
avail himself of such exemption he mus
show that he is in condition to claim
the exemption.
Judgment reversed.
TIL. Clarke, for appellant S. Pasco
- for appellee.
St. Johns and Halifax RaiIload company
Appellant, VS.. Bartola Il Genaro, Ap
pellees-Volusia county.
MABRY j.:
l. Under a bill III equity to enforce
lien for work and labor p rf0rmed on
railroad under the act of 1879, Chapte
1892, Laws of Florida, it is error to rem
der decree for a larger sum than is al
legged in the bill to be due and speciall
asked for in tue prayer for relief.
Where the special relief asked in tn
prayer of the bill is abandoned, and fur
ther or different relief is sought unde
the general prayer, it must be consisten
with the case made in the bill and not il
conflict with what is specially prayed.
3. The lien provided by Chapter 313s
Laws of Florida, is for 'labOr perform
cd, and independent of the statute sue
lien would not exis.. and court of chan
Gerry would have no jurisdiction to adjud
cate it. The existence and extent of tn
lien here provided must depend upon til
provisions of the statute, and it is erro
TO award under it sum for unliquidate
damages arising from breach Of contract
Decree reversed.
BENZ. P. Calhoun, Robt. w. Davis an
Irving Gillis, for Appellant; John "
Price, for Appellees.
ID. 5. Forbes, Appellant, VS.. the Board {
Health of Escambia county, Appelle
-Escambia county.
MABRY, j.:
l. The act of 1885, Chapter 1908, prt
Vldlng for the creation of county boarC
OF health and constituting them corpor;
tlons, must be construed in connectio
with the acts of 1879, Chapter 1852, 1888
chapter 1912, and 1883, Chapter 344;
Laws of Florida, as being in pari mater,
and having in view one object.
z Under the act of 1879, Chapter 316.
as amended by the act of 1883, Chapt.
o445, county boards of health have 4
authority to demand and collect from We
sels coming into the jurisdiction of sai
boards fees for fumigatiOn or disinfectiol
unless said vessels are subject to and ha,
Deen put IN quarantine.
g. Under the act of 1885, Chapter 800
ana the acts in pari nadteriG prior theret
county boards of health have no autho
NY without an examination or inspectiC
70 require vessels upon entering por
1ltnln the jurisdiction of said boards
ueViate from their course six miles al
20 10 quarantine station for inspectiC
and examination.
4. County boards of health are corpo
ate bodies invested by statute with fun
slons Of public nature to be exercise
lot the public benefit, and in the absen
OF such remedy conferred by statute a
NOT hable in an action Of tort for dar
ages in the performance of AN Offici
Judgment affirmed.
II. L.. Campbell and J. Emmett Wolf
10, Appellant; John G. Avery, for A
bx parte William Pells-Habeas Corn,
HANEY, G. j.:
al. The relief which the act entitl
AN act for the relief of persons impr
oned for the non-payment of fine al
cOsts imposed by sentence Of any of t
SOo. S1rts OF this state" !" approved May 25t
iSSi, (chapter 4075 statutes,) provid
snaIi be had on written application by t