The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1891-07-18
.-r COURT OF FLORIDA
nsc,.ions, June Term.
|fhah' 1891.

wES' " -. ;.;or Of section 3, page $40,
c,lIIaps in Digest, that no ,;t; apRf"i in ' anv
Cellsand to the original plalntiail a1t IN Any Dbl
h gTanIsu 1sss 81 such plaintiff shall first pay
at unless esshicb ;J may have accrued up to
,1cost' Ihnn whlCn the he appeal is prayed, ap-
awI ~ cases at law, but no1 70 tnn .,ooI o1orl
lb's - 10 s~d on contemplates that the ; elerk
aa%1f!, ,nOn apl the application Of suoh Pa Plalnl
asl upTn tha 90 costs within the time allowed
IT, tax 'nU luG 50 as to enable the plalntlff
y Know %sare ~eq an original plaintiff in a com
: Mn'sV WI action has entered his appeal,
GOD a~ !.Sr Go bond and secured an approval
90 gwen an,s within the time allowed by
!, '5s fsr appealing, and his failure to % pay ay
= s,;n i~ sncb arf time the costs accrued up 10
ithln itaasI sain section ss 3, page $40, McClel-
t t,a aPpsn, PHpSsst, is due solely to the default
ns pgsI";y sss" IN not taxing them within
y e'.s a;ms wa allowed for appealing, and the
is ass4is stIf has been reasonably active IN en-
lsuI,a I.r"rine to secure taxation OF them
asS,TS :s;n s1ch h time, and has promptly paid
nsalu a..s surr mon their being taxed after the
Sst s;,stion of the appeal period, the ap
a!I, " will not be dismissed on account OF
e, NOT @ being paid within such period:
'xi The TT allowance by a circuit judge OF
.. hsvond term of court for settling
WIZ WIN I If exceptions has no effect to extend
y ssi lime M prescribed by the statute for ap-
limo: @ its only purpose is to give time
!. mst;no a record of proceedings IN
=, in that court for the appellate court
pIt on.
1 The omission of an agent executing
:, ,uneal bond to file his power OF attor-
:, II the time of executing the bond
hss not affect the appeal.
Notion to dismiss denied.
Thomas F. King, for motion Il. l..
anderson, contra.
r,mrte John Warris and John John
Hn-Habeas Corpus.
RSEY, c. j.:
1 Defects or irregularities in the Sc
kroo of the list of registered voters
hn which grand jurors are drawn, or in
hwiag grand juries, cannot be lnqu red
90 through a writ of habtdS corpus by
be party indicted.
Where it app ars simply that two
are indicted jointly in the circuit court in
October, and one not being in custody,
the other is tried Immediately and con-
yicted and obtains a writ of error, AMI in
the following month the Judgment is re-
versed, and at the succeeding term of the
circuit court in April, the one not in GUS
tody at the former term having been ar
rested in the meanwhil., the cause is con
tnued on motion of the state, as to both,
they demanding an immediate trial, nc
denial of the right to a speedy and pub
fctriaf' is shown.
g. Whether the amount Of the bail re.
CURED Of persons is excessive, will not be
inquired into on hdbe0S corpus, where nc
0nplaint of it is made in the petition,
nd no testmonyis adduced.
Prisoners rem ,nded.
Nat r Walker, for petitioners; Will
an 3. Lamar, encouragement, for the
tate
lamp Sharp, Plaintiff in Error, VS.. The
sate Of Florida, Defendant in Error
Madison county.
ElBRY.J
Ills necessary in an Indictment agains
os or more Iersons for playing at gam'
s'AruS lor money, to lege the name o
'0s person with whom the bet was made
no allge that the person with whom
4 hown. ~
Judgment reversed.
va. ., b Blackwell, for plaintiff in error
salam b: Lamar, at at'orney-general, 70
Ssndaut in error.
as'n d Acosta, Plaintiff. in Error, vs.
STsluWender l. Srllntr, Defendants il
sHOr.-Duval c)un,y.
llnoR,J.:
asaa, evidence.
m1e'e a motion is made. sub .euueu
.a, .usl Judgment entered by the clerk ate
s.s sSiI nr want OF appearance, to ope
~, 'eiauit and to vacate such final iude
d,;,,i and exhibits, in the shape OF aft
r,a, r, e'c are presented to the Judge {
a.'a'M or 10 resist such motion. the fac
sucn papers are exhibits were prese nj
~ y an, ana considered by the Judge upo
ds,'ion u'ion must be evidenced by a bi
h.. M0p'lons signed and sealed by tn
Or in some other manner tam
soI TO such bill of exceplions othe,
aes;a".Ssas uSa papers and exhibits cannot b
k~.a, k,eo ey this court upon writ of errc
srs ~ !. ol The proper evidence that the
~, y lacl q ed or considered in connef
srah such motion :" oo'"'e
Wi" ,"nere the affidavit or proof mo
t0 The clerk enters a Anal Ind i"dom", u'~
sus, I;s'ault T. fails entirely TO establish an
ksl ;"a ~ .ne plaintif1'a declaration, sue
A,er,!.SSu ,!SSugment is illegal, and will b
jsso jsso On writ OF error "
Igment reversed
eor . Z hart'idge, for plaintiff, i
Aais n a. w. ". Cdckrell & Son, for defer
s.,ee ee'oPuTU, of P.ain!iff in Error, VS.. tt
Sawsun1se florida, Defendant in Erro
Lsar, j.: county
The C,rcu;,e M error n was indicted and trie
aknt to u" mm, Court for an assault viii
s.ault and d'uI1uet' AMI convicted of a
Tense cha cba,oos' battery; Held, that II
Sernines ,bas go IN the indic,mer
niealt Court h5 jurisdiction, aud when Ii
s ssson Of i said 1as cha acquired juris LECTION b
nstituiop u snS Senarge, it has under ii
sAsr ofenssss ana statute Jurisdiction of a
nses llcludpd nv a. =. Va ="