The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-11-25

Affirmed with directions.
Calhoun & Campbell for plaintiff in
error.
Park Trammen, attorney general,
for the state.
Walton County.
L. F. Cawthon, e. W. Thrope, H E.
Wickersham, r. N. Tarance, and NJ
T. King, members of the Town Coun-
ell of the town of DeFuniak Springs,
Florida, A r. Campbell, clerk and
treasurer Of said town, plaintiffs in
error, VS.. The State Of Florida ex rel.
r. H. Adams, and w. T. Graves. MEM
bers of the Town Council of the town
of DeFuniak Springs, Florida, de-
PENDANTS in error. Walton county.
Hooker, J.
1. Where it is the evident purpose of
a mandamus proceeding to so amend
the minutes of town council, as to
lay foundation for an attack upon
an alleged compromise agreement be-
tween the town council and a party
claiming some interest in a park in
said town, but not made a party to
such mandamus proceeding, the per-
emptory writ should not be awarded.
2. Mandamus is not the proper
method of trying collateral questions
which require a legal controversy for
their settlement.
Judgement reversed.
S. K. ellis. for plaintiff in error;
VIM. w. F1ournoy, for defendants in
error.
Escamhia County.
j. B. Edwards, plaintiff in error. VS..
The State of Florida, defendant in err
ror. Escambia county. Hooker, J.
l. Where the language of an in
formation is not SO vague, indistinct
and indefinite as to mislead the ac-
cused or embarass him in the prepare
ton of his defense, or to expose him
after conviction Cor acquittaD to
substantial danger Of a new prosecu-
ton. the information is sufficient to
Withstand a motion to quash or q mo-
ton in arrest of judgment
2. Before a court would be justified
in holding an act of the legislature IN
constitutional, 1t must plainly appear
to be so.
3. The legislature has a large dis
erection in dealing with the question of
usury, and its classiffcations are not to
be disturbed by the courts, unless they
are plainly unreasonable, arbitrary or
oppressive, and thus considered
Chapter $500, Laws of 1909, is not I'M
constitutional because of the provis-
ions of Sections 2 and 5.
eight instructions which were refused
and this ruling was excepted to en-
masse, the court must have erred as to
each instruction to make its ruling a
ground for error.
5. II statute makes II punishable
to do a particular thing specified. or
another thing, or another, or commits
the offsense who does any one Of the
things, or any two or more, or all Of
them. .-.,-
6. If the evidence of the defendant
proves a fact, the court commits no
reversible error In assuming in his
charge that such a fact exists.
Judgment affirmed. I
Jones & Pasco, for plaintiff in err
ror; Park Trammell, attorney general
for the state.
Walton County.
Mizel1 Live Stock Company, a cor
poratoin, plaintiff in error, VS.. J. J.
McCaskill Company, corporation, de-
PENDANT in error. Walton county.
Hooker, ].
The doctrine of election Of remedies
when it applies to all, applies as a
general rule to the first pronounced
act of election or suit, and makes it
q defense to the prosecution of a
second inconsistent suit or remedy.
Judgemtn reversed.
c. L. Wilson, for plaintiff in error;
WILL W. rlouIAoSs ioE oSAcuudHt III
error.
Suwanee County.
A. J. Revels, plaintiff I'm error, VS..
The State Of Florida, defendant in
error. Criminal court Of record, Su-
wannee county. Shackleford, J.
1. In treating an assignment Of err
ror based upon the overruling Of the
motion for a new trial, an appellate
court will consider only such grounds
of the motion as are argued before
1t.
2. In a prosecution for uttering a
forged instrument, it Is not required
in order to warrant a conviction, that
the evidence establish that injury
should have resulted to any one there
from; the intent to defraud is the es-
sence, of the crime.
Judgment affirmed.
L. E. Robertson, for plaintiff in err
ror; Park Trammell, attorney general,
for the state.
fernando County.
Norton Keathley, as administrator.
de bonis non of the estate Of c. C.
Keathley ct al, appellant. VS.. Lille
Sewell ct al, appellees. fernando
county. Hooker, J.
Where an administrator de bois
non buys up debts and judgments
against the estate of the decendent for
about one tenth of their face value,
and then niles petition with the
county judge for the sale of the real
estate sof the decendent, and to be al
lowed to bid for such real estate and
to become purchaser thereof, and to
apply the proceeds to the said judg-
ments and other demands, and where
1t appears that three days after the
filing of said petition, and without
notice an order was made for the sale
of such realty according to the prayer
Of said petition, upon a bill filed in
the circuit court to enjoin such sale,
the circuit judge committed no re-
versatile error in granting such in
junction under his constitutional su-
pervisory power although the bill may
have been defective because all the
parties in interest were not at the
time parties in the bill.
Decree affirmed.
Davant & Davant, for appellant; F.
B. Coogler, for appellees.
VoIusia County.
Isaac A. Stewart, executor plaintiff
in error, VS.. z. L. Stewart, defendant
in error. Walton county. Whitfield,
C. j.
/. Books of account offered in evil
dence as such should be submitted to
the court for a determination upon
proofs as to whether they contain
charges and entries that have been
ORIGINALLY made xUithir