The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-05-07
SUPREME ooURr on SLoarDA.
Headnotes to Decisions Januarv
Terms 1892.

I ~,
The State of Florida, Defendant in
Error-Marion county.
RANEY, G. j.:
1. The receipt or obtaining of property
obtained under false pretences is the
contamination Of the offense. and when
the pretences are made in one iurisdic
ton and the property is obtained by the
offender in another jurisdiction. the pros
ecution can be instituted only in the lat
ter jurisdiction, unless there is a valid
statute permitting it elsewhere.
2. An allegation that the party de-
frauded 'then and there by reason of said
false pretences" (they having been pre-
viously set forth in the information) "of
the said defendants, and fully relying
upon and believing in the truth thereof,
were then and there induced to part with
their ownership of and IN said ,hirty-two
hundred dollars to the said'' defendants,
''and did then and there part with their
ownership in said thirty-two hundred
dollars to said defendants" is not tanta-
mount to an allegation that the defend
ants obtained the money.
3. An allegation that the defendants
obtained" by false pretences, previously
described, certain money but not indica-
ting where they obtained it; and one that
the party defrauded then and there rely
ing upon the pretences and believing in
their truth we're then and there induced
to part with their ownership of and in
the money, and did then and there part
with their ownership in the same to the
defendants, do not show where the money
was obtained by defendants, or that it
was Obtained in the county or jurisdio-
ton where the pretences were, as pre-
viously alleged, made.
4. An information charging the crime
of obtaining property under false pre-
fences is uncertain as to the venue, or
juri>dictional locality of the offense,
where, having previously named two or
more places, it simply uses the word
''there" lin The expression ''then and
there') in charging The obtaining of the
property; and it is consequently INSULT.
Gent and should be quashed.
8. An information for obtaining prop
erty under false pretences, which, by rea.
son of it's uncertainty, does not make it
appear that the property was obtained in
the county where the pretences were
made, nor elsewhere in the State of Flor
ida, does not show that a court of the
county where the pretences are alleged to
have been made has jurisdiction of The
OtfenSe; and this even under a statute
(section 4, p. 446, McClellan's Digest)
which provides that in all casts where an
indictable Ofense shall be perpetrated in
Florida and the same shall commence in
one county and terminate in another the
person offending shall be liable to indict-
ment in either county.
Judgment reversed.
r. L. Anderson and r. W. Davis, for
plaintiff in error; w. B. Lamar, attorney
general, for the state.
William D. Barnes, surviving executor of
Cullen Curl, deceased, Plaintiff in Error,
VS. Andrew Scott, as Sheriff Of Jack
son county and ex-officio Administrator
of the estate of Alice G. King, deceased,
Defendant in Error-Jackson county.
TAYLOR, j.:
CLAIMS - LIMITATIONS - PLEADING -
NOTING EXCEPTIONS.
l.. The two pleas: "Want of consider
alton" and, That the note sued on was
not the note of The alleged maker there.
Of, furnish distinct and independent de-
lenses, and are not so Inconsistent as to
preclude their being interpo,ed together
in the same suit.
2 To erroneous rulings that appear
upon 'he face of the record, and that are
per force of their very nature, part of
the +, cord itself, and that appear from
simple transcript of the papers and pro-
ceedings that compose the record proper
in the cause without the help or addition
Of bill of exceptions. it is not necessary
to note exceptions or objections in the
cour' below in order to assign them for
error to be reviewed upon appeal. The
ruling Of the court requiring the defend
ant to elect between two pleas interposed
by him, followed by the election required
by such ruling: Held, to be such a rul-
ing as was apparent on the face of the
record and that required no exception to
have it reviewed here
3. No exception or objection is neces-
sary to be taken or noted to the rulings
Of The court below upon demurrers to the
different pleadings in order to render
hem RENEWABLE as error here.
A. The presentation of claim for pay
ment to the personal representative Of a
| deceased debtor, when not denied or con-
tested by such representative as being u
good and valid claim against the estate
stops The operation of the general st tute
of limitation and Of non-claim, when
made within the period of twelve months
after the qualification of such personal
resenta'ive. Such lresenhtiOn has
the same egaI effect. SO far as the bar OF
the general statute of limitation is con-
cerned, as though suit had beeu instituted
within ti'at pcriOt. Whether such pre-
senta'ion If made within too years would
not have the same effect. not decided
8. Where there is more than one quail
fed legal representative Of deceased
debtor. the presentation of claim for pay
ment to one OF them is tantamount to
presentation t. all.
9. Where defendant is designated
simply as executor" in suit. aud the
plaintiff, by leave of the court, at the
trial OF the cause, amends his precipe,
summons and declaration 80 as to de-
scribe the defendant as ''surcicing" exec !.
utor; Held, THAI such amendment 1. as