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Cases Argued And Adjudged In The Supreme Court Of Florida
Florida Supreme Court
No preview available - 2019
according action alleged allowed Alston amount answer appellant appellee application assigned authority benefit bill called Carter cause charge Circuit Court claim common complainants consideration considered Constitution construction contract counsel count debt decided decision decree deed defendant delivered demurrer dollars duty effect entitled equity error established evidence exceptions execution express fact filed further give given grant ground hands held hold husband instruction intended interest issue John Jones Judge judgment jury Justice land matter means ment mortgage motion nature negro notice objection opinion original paid party payment plaintiff plea plead possession present principle proper prove provisions purchase question Railroad reason record reference refused respect road rule says slaves statute street suit Supreme Court sustained taken term tion trial verdict wife witness writ
Page 505 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind.
Page 119 - ... as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule which it is not in the breast of any subsequent judge to alter or vary from according to his private sentiments...
Page 496 - But a constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it. Its course cannot always be tranquil. It is exposed to storms and tempests, and its framers must be unwise statesmen indeed, if they have not provided it...
Page 353 - It is a rule, that on demurrer the court will consider the whole record, and give judgment for the party who, on the whole, appears to be entitled to it.
Page 499 - If the contempt be committed in the face of the court, the offender may be instantly apprehended and imprisoned, at the discretion of the judges, without any further proof or examination. But in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party or the testimony of others, if the judges upon affidavit see sufficient ground to suspect that a contempt has been committed, they either make a rule on the...
Page 507 - That every power vested in a government is in its nature sovereign, and includes, by force of the term, a right to employ all the means requisite and fairly applicable to the attainment of the ends of such power, and which are not precluded by restrictions and exceptions specified in the Constitution, or not immoral, or not contrary to the essential ends of political society.
Page 494 - The questions presented to the Court by the two first points made at the bar are of great magnitude, and may be truly said vitally to affect the Union. They exclude the inquiry whether the constitution and laws of the United States have been violated by the judgment which the plaintiffs in error seek to review; and maintain that, admitting such violation, it is not in the power of the government to apply a corrective.
Page 153 - In one word, the gist of .this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Page 496 - No government ought to be so defective in its organization as not to contain within itself the means of securing the execution of its own laws against other dangers than those which occur every day.