The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-04-19
.HEADNOTES Of
SUPREME COURT
DECISIONS RECENTLY HANDED
DOWN IN CASES APPEALED TO
THE SUPREME COURT BY
LOWER COURT.

Tallahassee, April 1.-THE following
decisions have been handed down by
the supreme court:
In the supreme court of Florida, Dr.
vision B, January term, A. D. 1911.
Joseph H. Wolfe, plaintiff in error, w.
R. S. Hall and II. L. Anderson part
ners doing business under the style of
Park Hotel Company, defendants in
error. Duval county. Hooker, ].
1. In the action of forcible entry
and detainer, it is essential that it
should appear from the evidence that
the defendants were in possession Of
the property at the time when the &C
ton was commenced and the burden
of proof on this point is upon tho
plaintiff in the action.
2. When the plaintiff fails to make
out a case in the trial court and his
failure is not attributable to any
ruling of that court, any error. that
| becomes immateriaI.
D. c. Campbell, for plaintiff in er.
ror; E. J. L'Engle and NJ. H. Long, for
| defendant in error
AIachua County.
In the supreme court of Florida, d.
vision A, January term, A. D. 1911.
FCity of Gainesville, a municipal cor
| poration appellant, VS.. W. r. Thomas.
appellee. Alachua county. Cockrell J.
| l. One purchasing certain lots &C
| cording to a recorded plat, showing
streets between those lots. does not
thereby acquire title to those streets
as against the public easement. n
2. When a municipality acts
promptly upon the first visible en-
| croachment upon a street as indi-
| Gated upon a recorded plat, and thers
has been no withdrawal of the dedica-
! ton no laches appears, even though
! the streets had not been formally ac-
! cepted and the plat had been IT corded
| about twenty five years.
3. General allegations of adverse
| holding and occupancy, without spe-
| cigc facts as to an actual custer or in
| reference, do not estop a munich
| pality from asserting a public ease
ment.
| 4 Expenditure of money in beau
! tifying premises does not give an
| equity as against a municipalitys
right to a street, so as to convert
public into private property.
| Decree reversed.
| Robert z Davis, for appellant; w. q.
Broome. for appellee.
Leon County.
In the supreme court Of Florida, Dr.
vision A, January term, A D. 1911
Seaboard Air Line Railway, a corpora
ton, plaintiff in error, vs. Robert
| Minis, defendant in error. Leon county.
CockreH, ].
l. 1t is not necessary that declara-
ton, based upon general statutes, sec
ton 1858, the railroad fence law.
should state that the accident did not
happen within the limits of an incor .
porated town or city" the quoted
phrase, not being in the enactina
part Of the law, but by way OF pro
viso."
q When a declaration states n
claim for actual damages, It is not
subject to demurrer for some supposed
defect In it's claim for extra statutory
damages.
3. Merely quoting the grounds Of .
demurrer in the brief is not such arg7,-
ment as to call for an independent ex-
animation by the court, the defects no,
being glazing.
4. The killing of an animal nv on
engine or train may be shown by cir.
cumstantiaI evidence.
.. An ambiguity in a Judgment. r,nor
statutory penalty as entered. NAV bs
cured by reading the statuta i,to ar
judgment Judgment affirmed.
W J. Oven, for plaintiff in error.
W. c. Hodges and Fred T. Myers 80,
defendant in error.