The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-03-26
Of
] THE SUPREME
I COURT OF FLA.
DECISIONS ANNOUNCED RECENT
~ IN CASES APPEALED FROM
VARIOUS LOWER COURTS or
THE STATE.

THE STATE.
Tallahassee, March 25.-The follow
ing decisions have been rendered by
the supreme court Of Florida:
Leon County.
In the supreme court Of Florida, d.
vision A. June term. A d. 1910. Geor-
gia, Florida and Alabama Railway
Company. q corporation plaintiff in
error. VS.. J. NJ. Andrews. defendant IN
error. Leon county. Whitfield. G. J.
u. The statute providing that
causes Of action Of whatever kind. by
and against the same parties IN the
same rights. may be joined in the same
suit. except" etc. does not confer
Jurisdiction, but merely permits the
5oinder In one action of different causes
OF action existing in the same right OF
which the court has jurisdiction under
the constitution.
2. Separate demands O. causes OF
aetion exist for stock killed at differ
sent times by railroad trains, and these
demands cannot be Joined so as to de.
pfive the justice Of the peace of their
constitutional jurisdiction ssin cases at
law in which the demand or value Of
the property involved does not exceed
$4,000"
Judgment reversed.
Neeley & Simmons and w. II. Ellis.
for plaintiff in error; w. C. Hodges
and Fred 7. Myers for defendant in
error.
Walton County.
T.. "a
vision A. January term, A. D. 1911. G.
D. Presley, plaintin In error, VS.. The
State of Florida, defendant in error
Walton county. Whitfield, c. ].
1. An allegation that the defendant
did unlawfully break and enter seer
tain building, to-with: the warehouse
Of Stearns & Culver Lumber Company.
q corporation" followed by an alIega-
same corporation in said building, Is
Sufficient as an allegation OF the own
aership Of the building in q prosecution
for breaking and entering.
2. An acqufttal on a charge Of
breaking and entering a "commissary-
does not prevent q trial on charge of
breaking and entering a warehouse"
unless they are the same building.
nation relate to the same transaction
and the counts were properly joined, it
{ Is not error to deny motion to re:
Qzlire the state to elect between tue
counts.
-. A challenge Of the nanef xnzs 70
sena ssd Ens and not to the DISQUALIFICATION
Of individuals on the panel ..-.. q.
motion to strike evidences y
-. overruled when It iEoauoes
i-,so1 ara relevant testimony.
Where . part Of eonversat1on
.s.,,stsd All of 1t heard by the WIZ
- that Is relevant should De aolll''
The trial Judge should not IN De
ss<.a-ee 70 the Jury, or otner"ls -,
.s-oirtealy aim at the crediolhty ~ 80
Ssa.aa+4 as a witness for himsehs p
- s.,~~e~s the jury with the IDEA th ,s'
esha fudge. because OF the oeIeneA' -,
s.taras+ In the case. quesuonSo A
credibflity.
Judgment reversed -cr
* ellis. for plaintin IN error
park Trammen, attorney general ~
the state.
puvai County.
In the supreme court Of F1oT1da, a. q
vision B, January term. a :,
szarv Ann Green. plaintiff IN erI0i, =, .
emma Camp, defendant In error.
cal county. Taylor, J. H1eee,ne-s
Abstracts of title as evidencs--EssSo
Of seal to deed-Limitafion 90
The provisions OF sectlon -
.na 1sso OF the general statutes
4eas making abstracts OF title eVlosn
:. use Of the destruction OF the $
IDS where the parties cannot proos
- original documents or ceFuA
raS~,as thereof. being a dernier res
+ha establishment of titles lost-e
ssse-t~oved- should be Literally 9
-sr,,ad ana a substantial compna
-.s,tI, the requisites thereof held 10
= sufficient -.,,a-a thew
,oda evidence, being more measre
shesr exhibits than would be SHOWN
EAU comics or the originals, sre
presumption has necessary -
d,,lged from what they 40 -.
Where an. abstract OF tue M -
in evidence shows that there VIC
szscord a deed from S. as speclai
4a-ain4e fancery in foreciosuls
esea,np to C. that such deed cow
the property In question, tnae -
at4ssfed In the presence OF wv
se~,h,re, witnesses, and duly acAi
$3.50 for record. but that the +
sbe~ao4 exhibited no seal. the pres
sso7, ,,,,st he INDUCED that TINS
ts.sar was II, the usual form. Les