The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-02-07
Of
COURT
Decisions Handed Down Re
Gently by Florida's High
est Tribunal.
sneeIaI to The Journal.


decisions have been handed down by
the Florida supreme court:
In the Supreme Court OF Florida,
Division B. June Term, a ID. 1SOS-
Philip Fischer. plsintin in error, VS.,
Freda K. Robinson and o. K. Robin
son. her husband, defendants in error
DuvaI county. Taylor, ].
Equitable estate-not subject 70
levy and sale at law.
An equitable interest in real estate
that is recoverable or enforceable
only ia court of equity, is not SUD
feet to levy and sale under an execu-
ton at law issued upon judgment
against the owner Of such equitable
interest, or for the enforcement of a
deficiency decree against him in a
foreclosure proceeding; and where
such levy and sale are made and a
deed executed by the sheriff in pur-
suance thereof they are utilities, and
vest no title in the purchaser.
Judgment reversed.
John E. Hartridge, for PLAINTIFF IN
error.
error.
state of Limitations.
In the Supreme Court of Florida
Division B. June Term, A. d. 1908.
Louen n. Green, plaintiff in error, VS..
Adam B. Rou, defendant in error.
Marion county. Taylor, J.
Procedure at law-dismissing cause
for failure to prosecute-statute or
limitations must be pleaded.
l. Where a defendants pleas are
filed in May. 1907, and the plaintiff on
the LIST of June, 1907, files a motion
to require the defendant to make said
pleas more specific, and on the same
date files a demurrer to said pleas, il
is error for the court on the 23rd of
the next ensuing January at hear
ing upon such motion and demurrer
to dismiss said cause for want OF
prosecution
2. The bar OF the statute of limi-
tations must be interposed by the
diligence of the debtor, and as early
as possible. 1t will not be raised by
the court unsolicited; and If. not
taken advantage of by plea, it viii be
considered to have been waived by
the defendant.
Judgment reversed.
L. n. Green, in pro per.
R. A. Burford, for defendant in
error.
Granting continuances.
In the Supreme Court OF Florida
En- Banc. June Term, A. ID. 1900.
January Adams. plaintiff in error. VS..
The State of Florida. defendant in
error. fernando county, Parkhill, J.
I. The rule prevailing here IN
granting cOntinuances in criminal
cases is the same as the one that OBJ
tains in civil cases, except that in
criminal cases the grounds for the
motion should be scanned more close
ly than in civil cases, on account of
the superior temptation TO delay.
2. An application for a continu-
ance of cause is addressed to The
sound discretion of the court, and Cne
action Of the trial court thereon will
not be reversed unless there has been
a palpable abuse of that discretion to
the injury of the accused.
). All facts necessary to show
clear abuse Of the discretion OF the
court n ruling upon an application for
the continuance of a cause TO the in
jury of the defendant must be pre-
sented, aud, whenever the record Is
either silent or uncertain on any
point material to establish an abuse
of such discretion. the prescriptions
are all in favor Of the correctness OF
the ruling
T. An affidavit fled in support OF
motion for the continuance of a cause
IS fatally defective when it fails 20
state, "a that the applicant expects
to procure said testimony at the next
term, or CD that the absent witness
resides in the county where the suit
IS pending, or if out Of the county
good cause is not shown for taking
his deposition. or 90 that the appli-
cation is not made for delay only, OF
(4l that the absent witness has been
duly served with a subpoena. or a
satisfactory reason assigned for the
omission.
. Where there is evidence from
which all the elements Of the crime
of which the defendant stands con-
yicted may be legally inferred and IL
does not appear that the jury we're
not governed by the evidence adduced
at the trial. the appellate court will
not disturb the verdict
8 The defendant having been con-
victed OF murder in the second degree
stood acquitted OF the crime Of muir
der in the first degree charged against