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All Reporters → so-2d → Volume 91

Opinions in so-2d Volume 91

This hypothecary action was instituted by judgment creditors1 of Edwin Randolph Barnett, against George J. Fruthaler, Jr., *179who, subsequent to the recordation of plaintiffs’ judgment, purchased from Barnett certain property located in Jefferson Parish. The defendant filed exceptions of no right and no cause of action and one of misjoinder of parties, which were overruled, whereupon he answered,...
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Spencer Cooper, Sr., has appealed from his conviction and sentence in the Bogalusa City Court, Juvenile Division, Washington Parish, of having intentionally refused and neglected, without just cause, to provide for the support of his minor child, who is in necessitous circumstances. His sentence of twelve months’ imprisonment was suspended, conditioned upon his paying a designated sum for the main...
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The plaintiffs, Mrs. Doris Anderson Maggio and Mrs. Rae Anderson Vallery,1 are appealing from a judgment dismissing their alternative demand2 against their brother, Robert Lee Anderson, for collation alleged*197ly due because of advantages which their father, George Anderson,3 bestowed upon the defendant in two certain sales of real estate in the Parish of East Feliciana at a very low price — one,...
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This case involves a settlement of the community of acquets and gains formerly existing between plaintiff, Mrs. Frances Page Thigpen, and her husband, Pooler B. Thigpen, Sr., one of the defendants, 1 *217 the comrrmnity having been dissolved as of May 7, 1952, by a decree of separation from bed and board. After hearing the evidence and the argument on the var...
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Emile M. Doll, the owner of certain property fronting on Poland Avenue in the - City of New Orleans, brought this *243suit against The Fiintkote Co. and the named municipality to obtain a declaratory judgment decreeing to be null and void an exchange of property made by and between the defendants, as well as Municipal Ordinance No. 18,706 C.C.S. which purported to authorize the exchange. (In the t...
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91 So.2d 28 (1956) 231 La. 252 Mrs. Mollie Brumfield FISHER et al. v. James L. ROLLINS et al. No. 42984. Supreme Court of Louisiana. November 5, 1956. *29 C. Paul Phelps, Ponchatoula, for applicant. Iddo Pittman, Jr., Hammond, Harold Moses, New Orleans, for respondents. MOISE, Justice. In the exercise of our supervisory jurisdiction, Art. VII, § 11, Louisiana Const. 1921, LSA, we granted a writ o...
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Mrs. Virginia C. Frost, Mrs. Mary Frost Willis, and Mrs. Elizabeth Frost Whited, surviving spouse and sole heirs of E. A. Frost who died in the Parish of Caddo on January 16, 1950, instituted this suit against J. Howell Flournoy, sheriff and ex officio inheritance tax collector, to recover the sum of $39,072.18, which they alleged they paid under protest to the sheriff and ex officio tax collector...
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The plaintiff, Emile M. Doll, as adjudicatee at a public sale of property in December of 1952 for unpaid State taxes for the year 1910 and patent issued therefor on May 27, 1953, instituted this suit against defendants, Mrs. Annabelle Gross, wife of Maxine Charles Landry, and Benjamin Gross, heirs of Josiah Gross, endeavoring to have a tax sale made to . Josiah Gross by the City of New Orleans for...
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Gueydan Lumber Yard, a partnership composed of L. Joseph Gueydan and O. C. Gueydan, brought this suit against Carl G. Reinwald and Mrs. Isabel McCaleb Porche, widow of Arthur J. Porche, Mrs. Porche being the owner of a partially completed dwelling in the Parish of Jefferson *40which bears the Number 1204 Dilton Street and Reinwald being a contractor who made certain repairs to the said dwelling. T...
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The plaintiffs, Mr. and Mrs. Leander J. Morel, instituted this suit against the defendants, Franklin Stores Corporation, which operates a woman’s wearing apparel store under the trade name of Rubenstein’s, and Lumbermen’s Mutual Casualty Company, its insurer, endeavoring to recover on behalf of Mr. Morel the sum of $2,230.62 for medical expenses and other losses incurred by him and, on behalf of M...
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This is a petitory action instituted by the heirs of Bienvenue Arbour and Celestine Martinex Arbour, appellants herein, against Jesse L. Webb, appellee, seeking to have plaintiffs recognized as co-owners in indi-visión and as such, placing them in possession of a certain 3.72-acre tract situated in Section 17," T 9 S, R 11 E, to which entire section plaintiffs hold record title. The possessor of s...
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This is a workmen’s compensation suit wherein the plaintiff, Adeliah Davis James Rauk, alleges herself to be totally and permanently disabled as the result of an accident which occurred on or about March 26, 1954, while employed by the defendant, John P. Clarke, d/b/a Johnnie Clarke’s Sea Food House. The petition alleges that on the day aforesaid, the plaintiff while pouring a cup of coffee, spill...
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91 So.2d 49 (1956) Alberto HAWAYEK v. William J. SIMMONS and The Employers Liability Assurance Corporation, Limited. No. 20745. Court of Appeal of Louisiana, Orleans. November 26, 1956. *50 Benjamin E. Loup and A. J. Marciante, New Orleans, for plaintiff and appellant. Felicien P. Lozes and James H. Drury, New Orleans, for defendants and appellees. McBRIDE, Judge. On April 25, 1954, at about noon...
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In this suit the plaintiff, Bennie Tucker, seeks damages for injuries sustained by him when he was struck by a truck operated and owned by the Louisiana State Highway Department. A suit was first filed in Orleans Parish, which joined both the State of Louisiana and its insurer, the Marquette Casualty Co. This suit was dismissed voluntarily 'by the plaintiff and a second suit was filed in East Bato...
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This suit is an action in tort by Robert Hutchinson, individually, and on behalf of his minor son, Mike Hutchinson, for personal injuries resulting from an accident between a bicycle driven by young Hutchinson and an automobile driven .by Alex Karnofsky. The defendants are Mr. Kar-nofsky and his liability insurer, American Indemnity Company. The Lower Court gave judgment in favor of defendants and...
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Defendant employer appeals from an award to plaintiff Malbreaux of workmen’s compensation benefits for total disability by reason of traumatic psychoneurosis resulting from an accident in the course of plaintiff’s employment. Defendant was allowed credit for 37 weeks’ compensation paid. The undenied accident occurred at work on June 7, 1954, when Malbreaux’s right foot slipped into a ditch, causin...
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This is a suit by John W. Fisk, doing business as John W. Fisk Company, for an earned premium on an insurance policy covering the property of defendant, E. M. Rose. The lower Court rendered judgment in favor of defendant and petitioner has appealed. The record .shows that the property of defendant was -first insured by petitioner in the year 1953 and was renewed each year thereafter until the year...
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Plaintiff filed this suit for damages for physical injuries suffered as the result of an alleged assault and battery committed upon him by the defendant. Plaintiff alleged that he did nothing “to cause the beating; gave him no cause or provocation of any kind and committed no negligent act of any kind to cause these injuries.” ■ Defendant denied each and every allegation- of plaintiff’s petition a...
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91 So.2d 71 (1956) Succession of Patience Smith FORD. No. 4306. Court of Appeal of Louisiana, First Circuit. November 26, 1956. Rehearing Denied January 2, 1957. Writ of Certiorari Denied February 25, 1957. *72 W. D. Atkins, Ben E. Atkins, Baton Rouge, for appellant. Cadwallader & Dameron, L. C. Parker, Baton Rouge, for appellee. LOTTINGER, Judge. This is an opposition filed by certain heirs ...
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The plaintiff sought to 'be recognized as the owner of a certain parcel of real estate as well as a money judgment for deprivation of its use. The petition alleges the defendant is in possession of the property to which plaintiff is entitled as the sole issue of the marriage of Charles Moran, Sr., and Cathern Green. The trial below resulted in a judgment dismissing plaintiff’s demand, and an appea...
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91 So.2d 77 (1956) Joan PALMER et al. v. The FIDELITY & CASUALTY COMPANY OF NEW YORK et al. No. 4303. Court of Appeal of Louisiana, First Circuit. November 26, 1956. Taylor, Porter, Brooks, Fuller & Phillips, Frank W. Middleton, Baton Rouge, for appellants. Joseph A. Gladney, Baton Rouge, for appellees. LOTTINGER, Judge. This case arises out of an intersectional automobile accident which occurred...
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The only question for appellate consideration herein is whether the plaintiff employee’s disability from an accident of June 15, 1955, persisted beyond October 31, 1955. He appeals from the District Court’s award to him of workmen’s compensation benefits to the latter date only, claiming total and permanent disability. While lifting lumber at work on June 15, 1955, plaintiff Williams sustained a l...
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This is a suit by Armand W. Watson, against the General Accident, Fire & Life Assurance Corporation, Ltd., wherein the plaintiff seeks the sum of $1,092.35 as damages resulting from a collision which occurred to his 1953 Ford dump truck. The petition alleges that on October 20, 1955, Lionel Watson, employee of the petitioner, was driving the Ford dump truck in a westerly direction on Blount Road i...
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This suit was instituted under the workmen’s compensation act, LSA-R.S. 23:1021 et seq., by Emerson Holmes against the New Amsterdam Casualty Company; which carried the workmen’s compensation insurance for Ronald A. Coco, Inc. Petitioner claims total and permanent disability as a result of the alleged accident and seeks judgment of $30 per week for a period of 400 weeks, plus medical and attorney ...
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At daylight, on May 27, 1954, a car was discovered upside down in a canal alongside the Airline Highway near Sorrento, with only the wheels sticking out of the water. When the car was pulled from the canal, *95the bodies of two men were discovered in the car, identified as those of Carl Swilley and Ray Draper. The car belonged to Carl Swilley, to whom defendant insurer had issued an automobile lia...
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91 So.2d 99 (1956) Alphonse S. CAMUS, Plaintiff-Appellant, v. George BIENVENUE, Jr., et al., Defendant-Appellee. No. 4287. Court of Appeal of Louisiana, First Circuit. November 26, 1956. *100 Percy & Macmurdo, Baton Rouge, for appellant. Cadwallader & Dameron, Jos. A. Loret, Baton Rouge, for appellee. TATE, Judge. Defendants admit liability for damages caused to plaintiff by the automobil...
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This litigation emanates from the same source and is encompassed by substantially the same factual and legal issues which *104were involved in the case of Meyers v. Southwest Region Conference Association of Seventh Day Adventist, La.App., 91 So.2d 106. As we related in the foregoing case the principal question now posed for our consideration is whether Cox suffered any compensable disability as a...
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Plaintiff, Rev. Samuel David Meyers, a minister, instituted this suit against the defendants, The Southwest Region Conference Association of Seventh Day Adventist, and their insurer, the Indemnity Insurance Company of North America, endeavoring to recover workmen’s compensation of $30 per week for a period of four hundred weeks and the maximum medical expenses of $1,000. Plaintiff asserts that he ...
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Plaintiff partnership, having leased a commercial building to another partnership of which defendant is the sole surviving member, permitted the temporary use by the said tenant partnership of a part of an adjoining building and now seeks to recover from the surviving member of the lessee partnership rent for the use of the adjoining building for the time during which it was in use. The defense is...
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91 So.2d 114 (1956) CITY OF NEW ORLEANS v. Michael LANGENSTEIN, George Langenstein, Richard Langenstein, George & Richard Langenstein, Doing Business as Michael Langenstein & Sons or Langenstein Brothers. No. 20612. Court of Appeal of Louisiana, Orleans. December 10, 1956. *116 Harry R. Cabral, Harry R. Cabral, Jr., and Lewis R. Graham, New Orleans, for defendants and appellants. Henry B....
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91 So.2d 120 (1956) Joseph CAMUS et al. v. Daniel CAMUS. No. 20869. Court of Appeal of Louisiana, Orleans. December 10, 1956. Rehearing Denied January 2, 1957. Writ of Certiorari Denied February 27, 1957. George O'Dowd, New Orleans, for plaintiffs and appellants. Andrew H. Thalheim, Gretna, for defendant and appellee. McBRIDE, Judge. On November 23, 1943, Lucille Mosely Percy sold to her son, Dan...
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91 So.2d 123 (1956) Andrew L. LETEFF v. MARYLAND CASUALTY COMPANY et al. No. 4307. Court of Appeal of Louisiana, First Circuit. November 26, 1956. Rehearing Denied January 2, 1957. Writ of Certiorari Denied February 25, 1957. *124 Taylor, Porter, Brooks, Fuller & Phillips, Durrett & Hardin, Baton Rouge, for appellant. H. Alva Brumfield, Weber & Weber, Baton Rouge, for appellee. ELLIS,...
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This possessory action was brought in the Twenty-fourth Judicial District Court for the Parish of Jefferson on April 7, 1954, by the Whitney National Bank of New Orleans as Trustee of New Orleans Plantation Trust against Albert Munch, Edwin Munch, John P. Munch, Jr., Mrs. Catherine Munch, wife of Dominick Rudolph and Mrs. Tieme Creppel, widow of John P. Munch, now wife of Olaf Besses-sen (or Besso...
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91 So.2d 153 (1956) Louise GREEN and Alees Green, Plaintiffs-Appellants, v. STATE of Louisiana, Through the DEPARTMENT OF INSTITUTIONS, Defendant-Appellee. No. 4308. Court of Appeal of Louisiana, First Circuit. November 26, 1956. Rehearing Denied January 2, 1957. Writ of Certiorari Denied February 25, 1957. *154 H. Alva Brumfield, Baton Rouge, for appellants. Jack P. F. Gremillion, Atty. Gen., Ha...
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91 So.2d 156 (1956) Virginia WEBB v. The STATE of Louisiana Through DEPARTMENT of INSTITUTIONS. No. 4309. Court of Appeal of Louisiana, First Circuit. November 26, 1956. Rehearing Denied January 2, 1957. *157 Jack P. F. Gremillion, Atty. Gen., Harry Fuller, Asst. Atty. Gen., for appellant. Dodd, Hirsch & Barker, Baton Rouge, for appellee. LOTTINGER, Judge. The trial judge, in this matter, ren...
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Upon consideration' of the 'petition' of George E. Holt, to continué the he'áring of the Board of Governors of The Florida Bar, scheduled for December 15, 1956 and to desist from further :propeeding_ therein pending determination and decision b.y this Court of 1 the , question' of -whether; The Florida Bar has jurisdiction to enforce the disciplinary provisions of this court’s integration rule aga...
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In an information filed by the County Solicitor for Escambia County 18 May 1950 the appellant was charged with having bought, received and aided in the concealment of property which he then knew had been stolen. Soon afterward, according to the record, the appellant pleaded guilty and the court adjudged him guilty but sentence was deferred for “pre-sentence investigation.” After two months had pas...
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The State appeals from a decree of the Circuit Judge validating an issue of municipal sewer revenue bonds. *170The only point is whether the Town of De Funiak Springs by proceedings under Chapter 184, Florida Statutes, F.S.A., can supplement the pledge of sewer revenue with a pledge of a portion of income from cigarette taxes levied by ordinance pursuant to Chapter 2Í0, Florida Statutes, F.S. A. T...
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• C. J." Wagner,, who is-respondent in this petition for writ,: of certiorari brought a chancery .action against -the, defendant, petitioner • here, ■ wherein Wagner sought cancellation of a contract and award of a money judgment. Service of .process was made on-an attorney who was secretary of .and resident agent for the defendant corporation. This attorney filed an answer for the defendant and t...
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On May 23, 1952 claimant while employed as a bricklayer received an injury to his right leg in the course of his employment. Claimant was disabled from May 23, 1952 to January 27, 1953 and by award dated December 23, 1953, and amended by Deputy Commissioner on December 30, 1953 he was found to have a forty percent loss of function of his right leg. ■ On August; 2, 1953 claimant moved the Florida I...
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91 So.2d 175 (1956) Trave Lavell BROWN, Appellant, v. STATE of Florida, Appellee. Supreme Court of Florida. Division A. December 12, 1956. *176 Carl C. Durrance, Tampa, for appellant. Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee. THORNAL, Justice. Appellant Brown, who was defendant below, seeks reversal of a judgment of conviction pursuant to a finding of guilt...
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This cause came on to be heard on the motion of appellees to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said' motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument ; It is acco...
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The sole issue on these appeals is the constitutionality vel non of Ch. 31271, Special Acts of 1955, requiring (1) that an applicant for registration as a. real estate salesman from Sarasota County must have been a resident of the State of Florida for one year immediately prior to the filing of the application; and (2) that an applicant for registration as a real estate broker from such County mus...
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91 So.2d 179 (1956) John W. WEATHERFORD, Appellant, v. Gladys J. WEATHERFORD, Appellee. Supreme Court of Florida. Special Division A. December 12, 1956. W. Wallace Shafer of Bentley, Shafer & Miller, Lakeland, for appellant. Carver & Langston, Lakeland, for appellee. PEARSON, Associate Justice. Appellee has filed motion to dismiss the pending appeal on the ground that appellant has waived...
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April 14,' 1954, appellee as plaintiff filed its complaint against appellant as defendant praying that Ordinance 47 of the Village of Virginia Gardens be adjudicated to be unconstitutional and for temporary injunction restraining enforcement of said ordinance. April 16, a special master was appointed to take testimony as to the matter of granting the temporary injunction. *182In the meantime, an a...
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This cause came on to be heard on the motion of appellee to 'affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is accord...
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This cause .came on to be heard on the motion of appellee, to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument ; It is acco...
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91 So.2d 185 (1956) Harold Douglas JOHNSON and Alton H. Johnson, Appellants, v. The STATE of Florida, Appellee. Supreme Court of Florida. En Banc. May 23, 1956. Rehearing Denied January 3, 1957. *186 Coe & Coe, Pensacola, for appellants. Richard W. Ervin, Atty. Gen., and Bart L. Cohen and Jos P. Manners, Asst. Attys. Gen., for appellee. HOBSON, Justice. This is an appeal from judgments entere...
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Appellants have filed a motion for clarification of the opinion filed November 7, 1956. - Appellants say they are “unable ■from examination of such opinion to', determine whether or-not Chapter 30807, Special Acts of 1955, is valid as the charter of the City of Hialeah without being approved by the electors of- the City of Hialeah.” In the opinion referred to we specifically held that the notice p...
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Appellants, who were relators below, seek reversal of a final judgment sustaining a motion to quash an alternative writ of mandamus. Despite numerous constitutional questions raised, the point for determination is whether appellants established a dear legal right to the performance of a clear legal duty by the respondent-appellee. Appellants-relators were County Commissioners of Escambia County. T...
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91 So.2d 197 (1956) FLORIDA INDUSTRIAL COMMISSION, Appellant, v. MANPOWER, INC. OF MIAMI, Appellee. Supreme Court of Florida. Special Division B. December 5, 1956. Burnis T. Coleman, Tallahassee, for appellant. Meyer, Weiss, Rosen & Rose, Miami Beach, for appellee. ROBERTS, Justice. The issue here is whether the appellee, Manpower, Inc., is a "private employment agency" within the purview of ...
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91 So.2d 200 (1956) STATE of Florida, Appellant, v. Ola COLES, Appellee. Supreme Court of Florida, Special Division B. December 5, 1956. *201 Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for appellant. Herman W. Goldner, St. Petersburg, for appellee. O'CONNELL, Justice. Defendant, Ola Coles, was tried for manslaughter. The jury returned a verdict of guilty. On motion therefor...
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Supreme Court of Florida Tallahassee November 21, 1956 Honorable LeRoy Collins Governor of Florida Capitol Building Tallahassee, Florida Dear Governor Collins: Receipt is hereby acknowledged of your request for an advisory opinion of November 19, 1956, reading as follows: “Honorable E. Harris Drew Chief Justice, and the Justices of the Supreme Court of Florida Supreme Court Building Tallahassee, F...
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91 So.2d 206 (1956) Harold H. HICKEY, Appellant, v. Reeves F. WELLS, Richard Chace, Robert B. Hughlet, C.J. Master, A.W. Kellner, F.A. Finley, and Frank T. Scott, as and constituting and being all the members of the Florida State Board of Dental Examiners, and Florida State Board of Dental Examiners, a Board Duly Organized and Existing under and by Virtue of Chapter 466, Florida Statutes, 1953, F...
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The State Department of Revenue on January 22, 1953, made a final sales tax assessment against the City of Anniston based on gross receipts from five swimming pools and one golf course operated by that city through its Park and Recreation Board. The assessment covered a period of time beginning on August 1, 1949, and ending August 31, 1952, and is in the amount of $743.50, which amount includes ta...
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The Circuit Court ordered the petitioner to bring certain books, documents and papers into court on a certain date for inspection by the State of Alabama in a cause filed by the Attorney General on behalf of the State against the petitioner. On the date set to produce, the court granted the petitioner eight additional days within which to comply with its order. Thereafter the co...
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It is the established rule of this Court that the proper method of reviewing a judgment for civil contempt of the kind here involved is by a petition for common law writ of certiorari, and this Court has through the years felt impelled to grant the writ for the purposes of review where a reasonable ground for its issuance is properly presented in such petition. But the petitioner here has not a...
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The averments of the petition for writ of certiorari in this cause are insufficient to warrant the issuance of the writ. The petition is, therefore denied. All the Justices concur. ...
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August 8, 1955 Bedsole applied to the Circuit Court of Houston County for habeas corpus to the sheriff of that county. The writ was issued and served August 8 and a hearing held August 11 at 9 :00 a. m. upon the petition and the return and a supplemental return of the sheriff. Bedsole alleged unlawful detention because of the illegal issuance of a Alabama rendition warrant predicated on a request ...
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From a judgment of conviction rendered on a plea of guilty in the Circuit Court of Dallas County, to an indictment charging, omitting the formal parts, that appellant, “kept, exhibited, or was interested or concerned in keeping or exhibiting, a gaming table for gaming,” this appeal is prosecuted. Counsel for appellant insists in brief that the indictment is so defective as not to support the judgm...
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This case is submitted to this Court on motion of the Attorney General to strike the petition for writ of certiorari and the brief of petitioner, and on the merits....
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Appellant filed suit against appellees, who were nonresidents of the State of Alabama, in the Circuit Court of Covington County on March 27, 1956, claiming damages for personal injuries sustained in an automobile accident in Conecuh County. Personal service was perfected on each of the appellees by the Sheriff of Escambia County on March 29, 1956. Within 30 days, the appellees filed a joint ple...
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This is an appeal by H. E. Sarber and Willie Looney Messer, who were defendants in a suit for damages by plaintiff (appellee) suing as the father of Bryant Hollon, a minor, for injuries caused to him by Messer while acting in the line and scope of his authority as the agent, servant or employee “of the defendants”; the complaint alleging that he so negligently operated “defendant’s truck,” etc....
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A petition for mandamus was filed in this court by Bill Lyerly, as Director of the Department of Public Safety, to compel Judge Robert T. Ervin, Jr., as a judge of the 13th Judicial Circuit, to vacate an order made by him overruling the motion of Lyerly to strike an appeal filed in the Circuit Court of Mobile County by one Robert Maness, seeking a restoration of his driver’s license, the same hav...
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This is a suit under the homicide statute, § 123, Title 7, Code 1940, by appellant, as administrator of the estate of B. L. Lemons, deceased, against appellee to recover damages for the alleged wrongful death of the intestate. The case was submitted to the jury on Counts 1 and 1A charging negligence, Counts 2 and 2B, charging willful or wanton conduct, and on the plea of the general issue and on f...
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In the suit below the plaintiff claimed $987.15 for work and labor done, etc. The defendant filed pleas of the general issue, and a special plea of setoff and recoupment averring that the plaintiff was indebted to him in the sum of $1,600, for the breach of an agreement to build two dams on defendant’s property; the plea averring that the plaintiff agreed to build the dams in a workmanlike manner,...
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Appellant brought suit against appellee for the sum of $217.76, balance due on a promissory note executed by appellee to D. L. Johnson and assigned by D. L. Johnson to appellant. The defendant pleaded, in short by consent, the general issue and payment. The jury returned a verdict in favor of defendant-appellee. In the absence of a sworn plea, the introduction of the note in evidence made out a pr...
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The appellant as plaintiff filed this suit in the circuit court against the appellee for the recovery of damages for personal injuries sustained by him when an automobile in which he was riding in an easterly direction on Capitol Street in the City of Jackson was struck by a new Chevrolet automobile owned by the appellee and driven by one C. T. Butler in a northerly direction on West Street. The a...
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This suit was brought by the appellant to remove as a cloud on its title to 80 acres of land the claim of Glender Dennis to an undivided one-half oil, gas and mineral interest therein and a mineral lease. made by him to Wallace R. Gunn which had been assigned to Humble Oil & Refining Company . The bill of complaint sets out a complete deraignment of title from the Government down to date and al...
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Two suits, styled L. G. Boxwell, et al., d. b. a. Louisiana Metal Culvert Company, were instituted in the County Court of Hinds County against Edwin C. Champagne and Albert Switzer. One sought to recover on a demand note, dated September 19, 1950, in the sum of $2,000, without interest,' and the other on a like note, dated October 3,1950, in the sum of $1,000. The answer of Champagne set up in ...
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This is an appeal from a final judgment of the Circuit Court of Jones County rendered on November 25, 1955, condemning to be sold a Pontiac automobile of the value of $2,500, subject to alien of the Universal C. I. T. Credit Corporation in the sum of $2,401.52 under a conditional sales contract executed by J. H. Stringer of Raleigh, Mississippi, in favor of the Alexander Motor Company of Bay Sp...
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Indicted for the murder of Louvenia Knight, appellant was convicted of manslaughter and sentenced to *443 serve a term of twelve years in the State penitentiary. There is very little dispute in the testimony. The deceased, Louvenia Knight, lived in a threeroom house in Laurel, and rented the middle room to Frank Jones. Her sister, Juanita Knight, occupied the front room. Appellant was not mar...
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We have carefully considered the motion for a new trial based on the ground of newly discovered evidence. Assuming the truth of the newly discovered evidence, we are of the opinion it would not bring about a different result on a new trial. In fact, the newly discovered evidence would tend to corroborate the State’s witness Lipscomb as to obtaining the money which was the culmination of the crimi...
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Appellant was indicted, tried and convicted in circuit court on a charge of assault. A previous prosecution for the identical offense had been instituted in the justice of the peace court, where the following order was entered: “The defendant did appear for trial but the prosecution did not appear with any evidence. The case was thrown out of court for want of prosecution.” The justice of the pea...
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Appellant Jordan Woods was indicted for the murder of Clayton Murphy. The jury found him guilty of manslaughter. The judgment of the Circuit Court of Tisho-mingo County based thereon sentenced him to five years in the state penitentiary. Woods contends that he was entitled to a peremptory instruction, for the reason that the evidence does not show that Murphy died of the gunshot wounds inflicted b...
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This is an action of bastardy brought by the appellee against the appellant under Sections 383-398, Code of 1942. On the trial in the circuit court she obtained a substantial judgment against the appellant, from which this appeal is prosecuted. A peremptory instruction was granted in favor of the appellee by the lower court, and this action of the court is the basis of the first assignment of erro...
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Appellee Lucious Fields claims temporary disability benefits under the Workmen’s Compensation Act, received while working for his employer, appellant Masonite Corporation. On February 28, 1955 Fields sustained and injury to his back while loading railroad cars for appellant. At appellant’s clinic, Dr. J. H. Danner diagnosed his trouble as a pulled lumbar muscle, fibrositis. He received medical tr...
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Mrs. Estelle LaBlanc, Mrs. Loucille McGuire and Mrs. Francis Palmer filed a bill of complaint against Mrs. Alma Busby seeking a partition sale of a house and lot situated in the town of Quitman. The defendant demurred to the bill of complaint and the lower court sustained the demurrer and the case was appealed here under the name of Mrs. Estelle LaBlanc, et al v. Mrs. Alma Busby, and we held in 78...
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This is an appeal by John Delancey and others, defendants and cross-complainants, from a decree of the chancery court which confirmed the title of Clifford Davis and wife to eighty acres of land, as described therein, and dismissed the cross bill of the defendants. The complainants pled, and the proof showed that Richard C. Delancey, the ancestor of the defendants, patented the land in question on...
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91 So.2d 289 (1956) SERVANDO BUILDING COMPANY, a Florida corporation, Appellant, v. Arthur C. ZIMMERMAN; Dana H. Gillingham and Mary E. Gillingham, his wife; Margaret D. Meyer and Harry H. Meyer, her husband; and Alexander O. Feidelson and Elizabeth K. Feidelson, his wife, Appellees. Supreme Court of Florida. En Banc. December 19, 1956. James T. McBrayer, Miami, for appellant. George C. Simpson a...
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The appellants filed a bill of complaint in the Circuit Court of Polk County, Florida, against the appellee as City Treasurer and Collector of the City of Lakeland, to determine the legality, equality and validity of taxes levied and assessed against their properties and asking the court to render a decree setting aside the tax or any part of the same that shall appear to be contrary to law, strik...
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91 So.2d 299 (1956) John R. JONES, Appellant, v. Jo Ann STOUTENBURGH, Appellee. Supreme Court of Florida. Division A. November 7, 1956. Rehearing Denied January 14, 1957. *301 George T. Kelly, III, Orlando, for appellant. R.F. Maguire, Joel R. Wells, Jr., of Maguire, Voorhis & Wells, Orlando, for appellee. THORNAL, Justice. Appellant Jones, who was defendant below, seeks reversal of a summary...
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This is an appeal by defendants from judgment of the Broward County Criminal Court of Record on a verdict of guilty of grand larceny. Appellants were charged with the theft of a mink stole of a value in excess of $50 from a ladies’ specialty shop located in Hollywood, Florida. The evidence against appellants is wholly circumstantial in character. The stole had been on a hanger approximately 10 or ...
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The sole issue on this appeal is whether the trial judge erred in dismissing the appellant’s suit for a declaratory decree on the ground that no basis for declaratory relief had been made to appear. We hold that the learned trial judge was eminently correct in sp doing. See Hickey v. Wells, Fla., 206 So.2d 91. Affirmed. DREW, C. J., and THOMAS, and ROBERTS, JJ., concur....
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This controversy reaches this court upon an appeal from an order quashing an amended alternative writ of mandamus by which the Comptroller of the State of Florida and the Tax Collector of Martin County had been commanded to refund to the relator, Port Sewall Realty Company, taxes in the sum of $400 levied upon a deed and a mortgage in a transaction we will now describe, or to show cause for their ...
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91 So.2d 307 (1956) MAULE INDUSTRIES, Inc., a Florida Corporation, Petitioner, v. SEMINOLE ROCK AND SAND COMPANY, a Florida Corporation, and Halle Mines, Inc., a Delaware Corporation, Respondents. Supreme Court of Florida. Division B. October 31, 1956. Rehearing Denied January 10, 1957. *308 Salley, Roman & Hector, George H. Salley, Miami, Julius F. Parker (of Caldwell, Parker, Foster & W...
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91 So.2d 312 (1956) George CRAVERO, Jr., and Dennis Cravero, Appellants, v. FLORIDA STATE TURNPIKE AUTHORITY, a body corporate and politic of the State of Florida, Seymour Rosenberg, Samuel M. Edelstein, Margaret Edelstein, George Edelson, and North Dade Water Company, a Florida corporation, Appellees. Supreme Court of Florida. Division B. November 16, 1956. Rehearing Denied January 10, 1957. *31...
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This cause having been rendered moot by the granting of the petition for writ of certiorari in the companion case of Maule Industries, Inc., v. Seminole Rock and Sand Company, 91 So.2d 307, the Suggestion for Writ of Prohibition and all other motions are denied. DREW, C. J., and THOMAS and ROBERTS, JJ., concur....
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This is an appeal from an order of the Circuit Court, Duval County, reversing an order of the County Judge’s Court of that County, sitting as a court of probate. In his order the County Judge, on the ground that he had no jurisdiction to do so, refused to fix and determine the amount claimed to be due an attorney for services rendered by said attorney to Minnie Barton, one of the distributees of t...
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91 So.2d 320 (1956) Max AUGUSTINE, Appellant, v. SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY, a New York corporation, Appellee. Supreme Court of Florida. Special Division A. December 12, 1956. *322 Dubbin, Blatt & Schiff, Miami, and Leonard Pepper, Tallahassee, for appellant. S.O. Carson and Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Miami, for appellee. THORNAL, Justice. Appe...
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91 So.2d 324 (1956) John A. GAUTIER, as Dade County Tax Assessor, and Earnest Overstreet, as Dade County Tax Collector, Appellants, v. David LAPOF and Sally Lapof, his Wife, Appellees. Supreme Court of Florida. Division B. December 12, 1956. *325 Weinkle & Kessler, Miami, and Leonard Pepper, Tallahassee, for John A. Gautier, as Dade County Tax Assessor and Weintraub, Martin, Schwartz & Sp...
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91 So.2d 327 (1956) P.W. VAN METER, Individually and as Guardian of the person and property of Sophie K. Van Meter, Incompetent, Appellant, v. Edward L. KELSEY and his wife, Lois D. Kelsey, Appellees. Supreme Court of Florida. Division B. December 12, 1956. *329 M.R. McDonald, Sebring, for appellant. Haskins & Bryant, Sebring, for appellees. O'CONNELL, Justice. This is a suit to quiet the tit...
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This cause is here the second time. See Martin v. Johns, Fla.1955, 78 So.2d 398. Shortly after the first trial, the original plaintiff, Gus Johns, died. The pleadings were amended and the cause proceeded to the second trial by the above named appel-lee, as administratrix, under Section 45.11, Florida Statutes, F.S.A. At the second trial the jury 'brought in a verdict for the appellee in the amount...
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Affirmed on authority of Atlantic Coast Line Railroad Company v. Boone, Fla., 85 So.2d 834. DREW, C. J., ROBERTS and BUFORD, JJ., and KNOTT, Associate Justice, concur....
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This is an appeal by plaintiff, City of Anna Maria, from an order entered by the lower court, in chancery, granting the defendants’, H. B. Miller et al., motion to strike the bill of complaint and dismiss the cause of action. Plaintiff brought action seeking to cancel a deed conveying certain land from the city to T. L. Hackney, Jr., one of the defendants. Defendant H. B. Miller, Mayor of the plai...
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Plaintiff here appeals from a final decree dismissing its complaint, with prejudice, for failure to state a claim upon which relief could be granted. The material facts alleged in the complaint are substantially as follows: Plaintiff manufactures electrical appliances. In all states having contract fair trade laws, including Florida, plaintiff has adopted a uniform fair trade contract system where...
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91 So.2d 337 (1956) John CAPERS and Louise Capers, his wife, Appellants, v. Thomas R. LEE, Individually and as Attorney-in-Fact for Julia Kenny, a widow, Helen Sims, a widow, Reginald L. Lee, a single man, and Albertha Lee, his wife, Appellees. Supreme Court of Florida. Division A. December 19, 1956. R.P. Terry, Miami, for appellants. B.C. Fuller, Miami Beach, for appellees. HOBSON, Justice. Appe...
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This cause came on to be heard on the motion of appellees to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it *340appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is ac...
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This is an appeal from a judgment of the circuit court ordering the appellee released from custody of respondent, as sheriff, on writ of habeas corpus. The writ was granted by the circuit judge apparently upon the ground that the criminal court of record, whose proceedings were brought before the circuit court for review, should have honored a defense of former jeopardy and dismissed criminal proc...
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Plaintiff prosecutes this appeal from a summary final judgment for defendant, entered upon stipulated facts. Defendant had insured the contents of plaintiff’s safe under a special burglary and robbery policy which read, in pertinent part as follows: “Insuring Agreements “ * * * III. Safe Burglary. To indemnify the insured: “ (a) For all loss of such property occasioned by Safe Burglary which shall...
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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This is an appeal from, a judgment of the ■district, court decreeing null and void a tax *277sale of a certain lot of ground and improvements in the City of New Orleans,, the judgment to be ineffective “until the price and All Taxes and Costs are paid with 10% Per Annum interest on the amount of the price and taxes paid from date of respective payments shall have previously been paid to the Widow ...
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Elizabeth Kippers died on May 2, 1930. Her succession was opened on December 20’, 1948, by her surviving spouse, Howard Cole,' who filed a petition seeking letters of administration therefor. Accordingly, after full compliance with law, the administrator was appointed and qualified, and an' inventory was taken and in due course homologated. During the course of his administration, the administrato...
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Plaintiff, Mrs. Esther Lyons LaRocca, alleging herself to be the holder and owner before maturity of a certain promissory note, instituted this suit against the defendant, Mrs. Mary LaRocca Ofrias, as maker thereof, seeking judgment for its face value. The defendant admitted its execution but denies liability alleging lack of consideration and, in the alternative, its extinguishment. The distri...
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On Rehearing Following the rendition of our original decision, all litigants adversely affected thereby in any respect, viz.,- — Plaquemines Parish Police Jury, as governing authority of Grand Prairie Levee District; *331Board of Levee Commissioners of the Orleans Levee District ánd John-E. Pottharst, Sr., timely applied for a rehearing. The application of Plaquemines Parish Police Jury was refus...
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Pursuant to powers delegated by the Constitution (Section 19.1 of Article 6, as added by amendment adopted on November 2, 1948) the Legislature, by Act 107 of 1954, which became Part XVIII of Title 48 of the Revised Statutes, authorized the State, through the Department of Highways, to take property for highway purposes by ex parte orders in expropriation suits prior to judgment therein under cert...
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The plaintiff, P. C. Lindsey, instituted this action for the value of certain service station equipment and for damages for the alleged wrongful taking and use of said property. Following a trial on the merits there was judgment in favor of plaintiff for $119 as the 'equivalent of rent during the nineteen months preceding January 6, 19SS, and also for an equal additional sum as rent thereafter unt...
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In this action, plaintiff has demanded of the defendants the sum of $433.65 representing property damage to his Chevrolet pick-up truck sustained in a collision with a Ford truck owned by H. V. Alexander and operated at the time by defendant Andrews. The other defendant is Alexander’s public liability insurer. Defendants have appealed from a judgment in plaintiff’s favor for $408. Plaintiff neithe...
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This is an action by Huey P. Lofton and his automobile liability insurer, against the defendant Ozzie M. Coleman, Sr., for the recovery of property damages sustained by the automobile of Lofton on December 12, 1953. After trial on the merits there was judgment rejecting the demands of plaintiffs, hence this appeal. After dark on the above date Lofton was driving his automobile north on Louisiana H...
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91 So.2d 387 (1956) George T. HIDER, Plaintiff-Appellant, v. TOWN OF LAKE PROVIDENCE, Defendant-Appellee. No. 8555. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. Rehearing Denied January 11, 1957. Writ of Certiorari Denied February 27, 1957. *388 McIntosh, Hester & Gilfoil, Lake Providence, for appellant. Voelker & Ragland, Lake Providence, for appellee. GLADNEY, Judge....
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91 So.2d 394 (1956) Fannie Foster JACKSON et al., Plaintiffs-Appellants, v. Tom J. GOLSON et al., Defendants-Appellees. No. 8567. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. Rehearing Denied January 11, 1957. Writ of Certiorari Denied February 25, 1957. *395 Trousdale & Oliver, Monroe, James T. Jeter, Shreveport, for appellants. Pipes & Pipes, Monroe, Tucker, Bronson ...
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91 So.2d 403 (1956) Ben A. BROOKS and Virgie Mae Brooks, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and James N. Stewart, Defendants-Appellees. No. 8536. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. Rehearing Denied January 11, 1957. Writ of Certiorari Denied February 25, 1957. Hewett B. Johnson, Monroe, McKeithen, Mouser & McKinley, Columbia...
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This is an action purportedly instituted by the Louisiana State Board of Medical *413Examiners under the authority of LSA-R. S. 37:1261 et seq., seeking to enjoin, restrain and prohibit defendant, H. C. Sloat, from the practice of medicine in the State of Louisiana until he shall have first obtained a certificate or permit authorizing him to do so, as required by law, and further for the assessmen...
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91 So.2d 416 (1956) Succession of Ed JENKINS. Sim JENKINS et al., Plaintiffs-Appellants, v. A. C. DYKES, Defendant-Appellee. No. 8240. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. *417 Dhu & Lea S. Thompson, Monroe, for appellants. Armand F. Rabun, Farmerville, for appellee. AYRES, Judge. This is a petitory action wherein plaintiffs, five in number, as the surviving heirs ...
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91 So.2d 423 (1956) Sam YORK et al., Plaintiffs-Appellants, v. J. A. HARPER, Defendant-Appellee. No. 8510. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. Bolin & Bolin, Shreveport, for appellants. Thompson, Thompson & Sparks, Monroe, for appellee. GLADNEY, Justice. This is a jactitation or slander of title suit which has for its purpose the cancellation of a certain mine...
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91 So.2d 428 (1956) Mrs. Osle PETERS, Plaintiff-Appellee, v. CITY OF MONROE, Defendant-Appellant. No. 8538. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. Haynes L. Harkey, Jr., W. Ford Pipes, Jr., Monroe, for appellant. George Fink, Monroe, for appellee. HARDY, Judge. This is an action for damages allegedly resulting from injuries received by reason of the negligence of the dri...
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91 So.2d 431 (1956) Frank J. PATE, Plaintiff-Appellee, v. WESTERN GEOPHYSICAL COMPANY OF AMERICA, Defendant-Appellant. No. 8568. Court of Appeal of Louisiana, Second Circuit. November 29, 1956. Simon & Carroll, Shreveport, for appellant. McClendon & Benton, J. F. McInnis, Minden, for appellee. AYRES, Judge. This suit was consolidated with the case of Hulion v. Western Geophysical Company ...
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This is a companion case to that of Pate v. Western Geophysical Company of America, 91 So.2d 431, with which it was consolidated and which was this day decided. For the reasons therein assigned, the judgment appealed is affirmed at appellant’s cost. Affirmed....
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Plaintiff instituted this action to recover damages to his automobile sustained in an intersectional collision with an automobile owned by Mrs. H. G. Peniston and insured by the defendant. Defendant reconvened for damages sustained by the Peniston car. The trial court found both motorists guilty of negligence and dismissed the demands of both plaintiff and defendant. From the judgment thus rendere...
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This suit was instituted by plaintiff, State Farm Mútual Insurance' Company,’ as sub-rogee of its insured, James'D.‘ Westberry, for the recovery of the sum of $348'.62 paid on account of property damage to the insured’s Chevrolet automobile. The suit resulted from a collision between the insured vehicle and a Dodge Pick-up truck owned and driven by defendant on Louisiana' Highway No. 200 ‘ at a po...
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Plaintiff instituted this suit praying for the judicial determination of the boundary between his property and that of the defendants. A survey was ordered and made, but, upon joint application of counsel for plaintiff and defendants, this survey was set aside and the court appointed another surveyor. Following the filing of procés verbal and plat of survey, made pursuant to this order of the cour...
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This suit was instituted by plaintiff, a physician who owns the A. C. Wadlington Clinic, located in the Town of Farmerville, for the collection of an account alleged to be due for medical expenses, treatment and hospital charges and expenses. Plaintiff alleged that the account represented treatment furnished V. D. Bagwell; an employee of Frank Barron, a general contractor of Farmerville. Both Barr...
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This suit was brought by Arvel R. Kil-patrick against the Ouachita Parish School Board and William W. Ward, its Superintendent of Schools, to be reinstated to his position as a school bus operator and recover accrued salary. Following trial there was judgment directing plaintiff to be returned to his job and receive salary from September 6, 1955, throughout the 1955— 1956 school year. The defendan...
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This appeal presents substantially the same issues both as to facts and law, as are involved in Kilpatrick v. Ouachita Parish School Board, La.App., 91 So.2d 453, and for the reasons therein so stated the judgment from which appealed is affirmed with costs as allowed by law....
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This is an action by the plaintiff, James A. Michaud, as father and administrator of the estate of his minor child, Rene Michaud, instituted for the purpose of recovering medical expenses and damages for personal injuries sustained as a result of the child being struck by an automobile. Made defendants are Clarence Hood and the Travelers Indemnity Company, the liability insurer of Clarence Hood. A...
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In this action plaintiff seeks to recover from the defendant, Gilmore, and his insurer damages in the sum of $270.57 allegedly sustained to his Chevrolet automobile in a collision with another Chevrolet car driven and operated at the time by the defendant, Gilmore. From a judgment in plaintiff’s favor as prayed for, the defendants appealed. The accident occurred at the intersection of plaintiff’s ...
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The object of this action is to have declared null and void a local option election held in Ward 4, Morehouse Parish, on July 31, 1956, and to restrain, enjoin and prohibit through injunctive process . the Morehouse Parish Police Jury, its officers and members, from enacting any ordinance *464pursuant to said election. From a judgment upholding the validity of the election and dismissing plaintiff...
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This is a suit for the recovery of damages for personal injuries and property damages to plaintiff’s automobile which resulted from a collision with a dump truck on U. S. Highway No. 65 near the Town of Lake Providence in East Carroll Parish. Made defendants were Vail Delony and Howard C. White, d/b/a White & Delony, and their liability insurer, Great American Indemnity Company. From judgment reje...
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This is an appeal from a final decree of the Circuit Court of Montgomery County, Alabama, In Equity, granting complainants relief sought for, which included a declaration of the rights of the parties under a written lease agreement, and the effect of the decree was to preclude appellants from pleading the Statute of Frauds because of the doctrine of equitable estoppel, and had the further effect o...
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This cause comes here on appeal by James T. Merrill, Individually and separately as administrator of the estate of A. F. Merrill, deceased, and of Annie R. Merrill, deceased, from a decree overruling his demurrer to a bill in equity by Manine Merrill Zera against the said James T. Merrill, individ*392ually and separately as administrator of the two named' estates, and against Mary M. Johnson. Mary...
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Clarence Johnson (appellant) was indicted for murder in the first degree. On a plea of not guilty trial of the case resulted in a conviction of murder in the first degree and a sentence of death. Motion for a new trial was overruled. This appeal followed. The alleged homicide was committed about seven or eight A.M. on Sunday morning of January 1, 1956, near Camden, Alabama. The testimony showed...
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This case concerns the validity of an estate tax assessment in the amount of $194.24, plus interest of $33.51, making a total assessment of $227.75. The Department of Revenue of Alabama made the assessment basing its computation on the estate tax levied by the Federal Government under the provisions of Alabama Code 1940, Title 51, § 432. The taxpayer took an appeal from the tax assessment to the C...
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This is an appeal from a judgment in favor of the plaintiff-appellee rendered by the Circuit Court of Madison County. The cause was tried without a jury. The plaintiff’s claim for damages arose out of an alleged fraudulent misrepresentation made by appellants’ agent in connection with the sale of a refrigeration unit by the defendants-appellants to the plaintiff-appellee. The appellee was ...
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91 So. 2d 489 (1956) RAILWAY EXPRESS AGENCY, Inc., v. ALABAMA PUBLIC SERVICE COMMISSION and Capital Motor Lines. 3 Div. 714. Supreme Court of Alabama. December 21, 1956. *491 Knabe & Nachman, Montgomery, for appellant. John Patterson, Atty. Gen., and Hill, Hill, Stovall & Carter, Montgomery, for appellees. LIVINGSTON, Chief Justice. On March 24, 1953, Capital Motor Lines, a motor carrier ...
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Appellant was convicted in the Inferior Criminal Court of Mobile County for the offense of maintaining a public nuisance. On appeal to the circuit court a complaint was filed by the Solicitor charging defendant with said offense. He was convicted in the circuit court and a fine of $500 was assessed against him by the jury. The complaint charged: “The State of Alabama by Carl M. Booth, Solicitor fo...
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91 So.2d 500 (1956) M. HOCHMAN v. STATE of Alabama. 1 Div. 667. Supreme Court of Alabama. June 30, 1956. John Patterson, Atty. Gen., and Robt. Straub, Asst. Atty. Gen., for petitioner. Chas. Hoffman, Mobile, opposed. SIMPSON, Justice. Writ of certiorari to the Court of Appeals was granted. Revised Rule 39, Code 1940, Tit. 7, Appendix. The State's petition for certiorari brings before us for revie...
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This is a petition by M. Hochman for writ of certiorari to the Court of Appeals to review and revise the decision of that court in the case of Hochman v. State, 91 So.2d 495. We have no alternative but to strike the petition because not presented on transcript paper as required by Revised Supreme Court Rule 32, Code 1940, Title 7, Appendix. Duckett v. State, 257 Ala. 589, 60 So.2d 357; Stovall v. ...
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This appellant was indicted for murder in the first degree. In a previous trial he was adjudged guilty of murder in the second degree. On appeal this original judgment was reversed, and the cause remanded to the lower court. Upon the call of the case for retrial the appellant moved for a continuance on the grounds that the appellant had not been arraigned as in a capital case; that there had been ...
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The majority of this Court entertains the view that the conclusion reached by the Court of Appeals is correct. For the purposes of this opinion, the relevant facts will appear in the dissenting opinion of Mr. Justice MERRILL of this Court and the opinion of the Court- of Appeals. The underlying rational of the majority of the Court is that the defendant had the right to waive his plea of former je...
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Appeal from an interlocutory decree-sustaining the appellees’ demurrer to the-bill of complaint as amended. The amended bill was filed by the appellant to have set aside, as void, a certain mortgage foreclosure deed which conveyed several parcels of land situated in Geneva County. The mortgage was executed on January 1, 1920, by one J. N. McDuffie, now deceased, through whom the-appellant claims a...
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The appellee brought suit against the appellant for the sum of $204.57. The complaint contained two common counts (1) account (2) work and labor done. In addition to the general issue, defendant interposed a special plea of recoupment. Said special plea asserted as a defense that the plaintiff was indebted to defendant in the sum of $642 for the conversion by him of 1 auxiliary transmission; 1 set...
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The appellant was indicted and convicted of distilling prohibited liquors. He was sentenced on June 20, 1955, to three years in the penitentiary. The transcript of the evidence was in due time and manner established in the circuit court on August 15, 1955. Code 1940, Title 7, Sec. 827(1). The transcript of the record was filed here on November 22, 1955. On submission the Attorney General filed a m...
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The indictment against this appellant •charged that he did “falsely pretend to J. F. Brunson, the President of the Exchange Bank of Elba, Alabama, a banking corporation, with intent to defraud, that he had unencumbered, one black Jersey cow and male yearling, one cream colored Jersey cow and heifer Calf, two cream colored Jersey bulls, and one 1949 Ford One-half ton pickup truck, motor number 87HC...
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The Attorney General has filed a motion to strike the record and dismiss the appeal in this cause on the ground that it was not timely filed in this court. The record affirmatively shows that the transcript of the evidence was filed with the clerk below on 16 February 1956, with notice to counsel as required by Section 827(1a), Title 7, Code of Alabama 1940. No objections were filed to the transcr...
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The defendant, H. A. (Spike) Ivy, was tried, convicted and sentenced to serve a term of three years in the state *493penitentiary on the charge of having committed an assault and battery on Carl Coleman, shooting him with a pistol, with the intent to Mil and murder. The indictment was returned on May 21, 1956, the first day of the term of the Circuit Court of Oktibbeha County, the defendant was ar...
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This case is before us on appeal by the Board of Education of Adams County from a decree of the Chancery Court of that county affirming an order of the State Educatianal Finance Commission disallowing and disapproving an order of the county board of education proposing to reorganize and consolidate the school districts of the county under authority of Section 1 of Chapter 12, Laws of Mississippi, ...
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229 Miss. 596 (1956) 91 So. 2d 537 ANDERSON, et al. v. BOYD, et al. No. 40296. Supreme Court of Mississippi. December 17, 1956. Barnett, Jones & Montgomery, Jackson; H.V. Wall, Brookhaven, for appellant, Mrs. M.M. Anderson. *600 Satterfield, Shell, Williams & Buford, Jackson, for appellants, Robert A. Sammons and Mrs. Eula Mae Calame. *601 R.L. Netterville, Natchez, for appellee, Estate o...
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This is an appeal from a decree of the chancery court granting appellee a divorce on the ground of desertion. Two questions are involved: (1) Whether desertion as a cause for divorce may be charged in the language of the statute, and (2) whether appellant made a good faith offer of reconciliation before the expiration of the statutory period, and if so, whether appellee rejected such offer. The or...
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229 Miss. 505 (1956) 91 So. 2d 545 LADNER, et al. v. HOGUE LUMBER & SUPPLY COMPANY No. 40310. Supreme Court of Mississippi. December 17, 1956. J.D. Stennis, Jr., Biloxi; John M. Gardner, Gulfport, for appellants. *507 D.O. Simmons, F.W. Alexander, Gulfport; Pete H. Carruba, Long Beach, for appellees. *508 ARRINGTON, J. This case is before us on appeal by Edward J. Ladner, his wife, Lannie Gra...
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Oliver Lee Walker was indicted for, and convicted of, feloniously receiving stolen property; and from a sentence of three years in the state penitentiary, he appealed. The State’s proof showed that, on November 30, 1955, a trailer owned by Nott Wheeler, in which was loaded about two thousand pounds of his snapped cotton, disappeared from his shed. Several days later, the trailer was found stripped...
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This case involves questions of whether the circuit court has power in a replevin suit to render a money judgment for debt against the defendant, and, if not, whether such money judgment is later subject to collateral attack by the defendant in replevin. *622In December 1950 appellant, Road Material and Equipment Company, Inc., filed an affidavit in replevin in the Circuit Court of the First Judic...
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This is a claim for compensation (death benefits) under the provisions of the Mississippi Workmen’s Compensation Act, as amended. The claim is made by the appellee, Mrs. Catholeen Wood as the widow and dependent of Robert Wood, deceased, against J. D. Wilkins, d. b. a. as J. D. Wilkins Grin, as employer, and United States Fidelity & Guaranty Company, insurance carrier, because of the death of Robe...
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This was a suit by Ella McCry against Mrs. L. M. Hamilton and husband to recover damages for personal injuries sustained by her as a result of a collision between the truck in which she was riding and a Cadillac automobile, driven by Mrs. Hamilton. There was a verdict for the plaintiff in the sum of $5,000, and the defendants appealed. Between 6:30 and 7:00 o ’clock on the morning of February 16, ...
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Plaintiffs, heirs.of Mrs. Viola M. Scott, instituted this suit against Mrs. Ruby Jones Corkern, widow of Dr. Ronald E. Corkern, individually and as natural tutrix of her two minor children, on five promissory notes executed by the late Dr. Corkern in favor of the late Mrs. Viola M. Scott totalling $2,300, each note bearing 4% interest from its date. Plaintiffs are claiming the sum of $5,029.20,...
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Maggie Smith Scott, widow of Lloyd Scott, deceased, filed a petition in this succession proceeding praying for a judgment decreeing her to be the owner of the entire estate left by the decedent (as his surviving widow in community and sole heir) and ordering that she be sent into possession of it. Made defendants were the decedent’s collateral heirs. The district court denied the demands o...
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Willie R. Taliaferro instituted this suit to obtain a judgment decreeing the interdiction of his mother, Mrs. Eliza T. Taliaferro. The petition charged (among other things) that the defendant is 82 years of' age, unable to read, write, sign her name, or count money; that she has converted all of her real property to cash, having sold it to her daughter, Mrs. Bess Taliaferro Long, and has withdrawn...
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In this suit the plaintiff seeks to recover damages from the defendant for an alleged malicious prosecution. The defendant answered asking for the dismissal of plaintiff’s demand and reconvened for the recovery of damages resulting to him by de*409famatory statements alleged to have been made by the plaintiff. On trial the judge of the lower court dismissed both the main demand and the reconventio...
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This is an appeal from a judgment maintaining exceptions of no right and no cause of action and a plea of res adjudicata. An appeal was also taken by the curator ad hoc (representing one of the absent heirs) to the judgment of the district court fixing his fee and taxing it as costs to be paid by Mrs. Edna Reynolds Reese and the Reynolds’ heirs who are joined in their claim with Mrs. Reese. This c...
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The defendant-appellee, City of Gretna, has filed a motion to dismiss the plaintiffs’" appeal from a judgment of the District Court maintaining exceptions of no cause and no right of action and dismissing their suit to enjoin the defendant from exchanging a portion of Gretna Park for certain other scattered lots in the Park, on the ground that this Court lacks jurisdiction in that the amount in di...
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91 So.2d 591 (1956) 231 La. 430 Bessie BORNE, Wife of Alexander FOUQUIER v. Alexander FOUQUIER. No. 42370. Supreme Court of Louisiana. March 26, 1956. On Rehearing November 5, 1956. *592 Blanchard & Blanchard, C. A. Blanchard, Donaldsonville, for appellant. Harold L. Molaison, Robert I. Broussard, Gretna, for appellee. MOISE, Justice. Plaintiff-wife filed suit against her husband for a separa...
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This suit has for its object the partition by licitation of all the merchantable timber growing on a tract of land approximately 400 acres in area, situated in Lincoln Parish, Louisiana. Plaintiffs, a commercial partnership and its individual members, acquired by purchase and are owners of an undivided 926,670/1,045,440 interest in this timber which they allege is not divisible in kind. The princi...
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The defendant, S. W. Tarver, having been charged, tried and convicted on the 2nd day of April, 1956, in the City Court of Pineville, on an affidavit charging him with (1) being drunk, and (2) “also in possession of intoxicants, using and storing alcoholic liquors containing more than 6 per cent, alcohol” in violation of Ordinance 365 of the City of Pineville, on the 4th of April was granted a new ...
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This suit has for its object the expropriation of defendant’s property for the construction of a low-rent housing project. The right of expropriation is not contested and the main issue in the case is the value of the property, which was fixed by the tnial judge at $3,600. Defendant appealed from the judgment, claiming that the property is worth $7,000, and plaintiff answered the appeal, praying t...
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-The beneficiaries under a purported olographic last will and testament executed on August 21, 1953 by the decedent, Miss Ella C. Bechtel, are appealing from a judg*461ment refusing to probate the will on the ground that it does not comply with the form required by law. No inventory of the effects of the succession has yet been taken and no evidence was adduced below revealing the succession asset...
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On May 20, 1952, a contract, executed under private signature, was entered into whereby plaintiffs agreed to sell to defendants certain immovable property for the price of $14,700, represented by two promissory notes, one for the sum of $7,500, payable in monthly installments of' $75 ; the other for the sum of $7,200, due and payable in equal monthly installments of $75, the first monthly install...
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Plaintiff seeks to recover for the damage sustained by his automobile in a collision with a garbage truck on March 1, 1955, about 5 :45 p. m. Three defendants are im-pleaded, namely, the City of New Orleans, its employee, Attaway, and its liability insurer, Columbia Casualty Company, and judgment is prayed against them in solido. Prior to the trial of the case, the plaintiff voluntarily dismissed ...
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Plaintiff, City of New Orleans, instituted this suit endeavoring to enjoin the defendant, Francis T. Cantelli, the owner, from using property designated by the Municipal Nos. 1336-38 Lowerline and 7510 Willow Street, situated in a “B Two Family District” as a multiple dwelling or “rooming house” in contravention of the provisions of Ordinance No. 18,565 . C.C.S., otherwise designated for the purpo...
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The motor vehicles of the respective parties were damaged in an intersectional collision on the afternoon of October 22, 1953. Plaintiff sued the defendant for the cost of the repairs to his car and the defendant reconvened praying for the amount of his loss; defendant pleads, in the alternative, that plaintiff was guilty of contributory negligence. The trial judge was of the opinion that both dri...
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The plaintiff, Theodore A. Ferrand, Jr., the owner of a 1951 Chevrolet Sedan, instituted this suit against the defendants, Horace C. McCaskill, the owner, and his wife, Eva W. McCaskill, the operator of a 1955 Ford Sedan,, endeavoring to recover the sum of $163.77 representing property damage incurred by his automobile on October 18, 1955, at about 10:00 P.M., when his vehicle was injured while pa...
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This is a suit to quiet a tax title. It is brought under authority of Act 277 of 1952 which amends section 2228.1 of Title 47, Chapter 5 of the LSA-Revised Statutes. The property is unimproved and unfenced and is described as follows: “A certain portion of ground situated in the Seventh Ward, Third Municipal District, City of New Orleans, designated as Square 1180, Lot 14, bounded by New Orleans, ...
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Appellant was charged with and found guilty of the offense of being unlawfully interested in or connected with a lottery by receiving or keeping records of the sales of chances on a lottery and receiving and taking into his possession money for chances sold upon said lottery, as denounced by Section 849.09(1) (e), Fla.Stat.19SS, F. S.A. His motion for new trial was denied, judgment was entered, an...
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91 So.2d 621 (1956) Ishmael WASHINGTON, Petitioner, v. Nathan MAYO, Custodian of Florida State Prison, Respondent. Supreme Court of Florida. Division A. December 19, 1956. Rehearing Denied January 17, 1957. *622 Ishmael Washington, in pro. per. Richard W. Ervin, Atty. Gen., and Reeves Bowen, Asst. Atty. Gen., for respondent. THORNAL, Justice. By petition for writ of habeas corpus the petitioner W...
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91 So.2d 624 (1956) Frank G. DEZELL, Appellant, v. Harry C. KING, Appellee. Supreme Court of Florida. Special Division A. December 19, 1956. Rehearing Denied January 17, 1957. *625 Hall, Hedrick & Dekle, Miami, for appellant. Moore, Jaffe & Amari, Miami, for appellee. BIRD, Associate Justice. This case is before us for review of a Summary Final Judgment for the defendant on the pleading. ...
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This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is accordi...
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This cause came on to be heard on the motion of appellees to affirm the judgment *629appealed from pursuant to Rule 38 of the rules of this court, 31 F.S.A., and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is ...
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91 So.2d 629 (1956) ROOD COMPANY, Inc., a Florida corporation, and Rood Construction Corporation, a Florida corporation, Petitioners, v. Max LUBER, d/b/a North Miami Hardware & Builders Supply Co. (not inc.), Respondent, Philip Joseph Shay, d/b/a Shay Decorating Service, Defendant below. Supreme Court of Florida. En Banc. October 24, 1956. Rehearing Denied December 10, 1956. Myers, Heiman &am...
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These consolidated cases present the sole issue of what counties may conduct summer dog racing under the language contained in Sec. 550.04, Florida Statutes 1955, F.S.A. The pertinent language of the statute is the following: “ * * * summer dog track meetings shall be held only during the period beginning with and including June 1st and up to and including the 30th day of September, in counties ly...
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Appellants have appealed from verdicts and judgments convicting them of violating the lottery laws and, in their brief on appeal, requested oral argument. Fla. S.Ct. Rule 40, 31 F.S.A., provides that “The application for oral argument shall not be incorporated in the briefs or other bound papers but shall be filed on a separate paper.” ' Pursuant to the settled rule of this court, the application ...
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This case presents the question of whether or not the Florida Industrial Commission can review a deputy commissioner’s compensation order in a workmen’s compensation case when the application for review was filed with the deputy commissioner within twenty days but was filed with the commission at Tallahassee over twenty days after copies of the compensation order were mailed to the parties at thei...
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Reed Construction Company, appellee here and plaintiff below, filed a complaint in the Circuit Court for Dade County seeking to enjoin the appellants, defendants below, Comptroller of the State of Florida and Sheriff of Dade County, from enforcing an assessment for uiipaid sales tax. Plaintiff asked that the assessment be reviewed and voided. The causk came on for final hearing on the pleadiiigs a...
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91 So.2d 637 (1956) Franklin G. FORT, Appellant, v. STATE of Florida, Appellee. Supreme Court of Florida. En Banc. September 12, 1956. Rehearing Denied December 19, 1956. Thacker & Thacker, Kissimmee, for appellant. Richard W. Ervin, Atty. Gen., and David U. Tumin, Asst. Atty. Gen., for appellee. TERRELL, Justice. Franklin G. Fort was informed against in the Circuit Court, Osceola County, the...
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91 So.2d 640 (1956) Florence Dills FIELD, Appellant, v. George C. FIELD, Jr., Appellee. Supreme Court of Florida. Special Division A. July 6, 1956. Rehearing Denied December 12, 1956. *641 Paul & Sams, Miami, for appellant. Samuel D. Wallace and Redfearn & Ferrell, Miami, for appellee. HOBSON, Justice. In a previous appeal in this litigation, Field v. Field, Fla., 68 So.2d 376. we affirme...
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This cause came on to he heard on the motion of appellee to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the Rules of this Court and it appearing to the Court from an examination of the record that said Motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is accordi...
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91 So.2d 644 (1956) CITY OF BOCA RATON, a Municipal Corporation, Appellant, v. Minda S. MATTEF, Appellee. Supreme Court of Florida. En Banc. September 12, 1956. Rehearing Denied November 1, 1956. *645 Earnest, Lewis, Smith & Jones, Gedney, Johnston & Lilienthal, and Al J. Cone, West Palm Beach, for appellant. Warwick, Paul & Warwick, West Palm Beach, for appellee. THORNAL, Justice. Ap...
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91 So.2d 649 (1956) Ila WINTERS, Appellant, v. Lucille PARKS, as Executrix of the Estate of Walter Lee Winters, deceased, and Lucille Parks, Individually, and Cyrus J. Winters and Minnie L. Winters, his wife, Appellees. Supreme Court of Florida. En Banc. October 24, 1956. Rehearing Denied December 14, 1956. *650 Paul Game and Hardee & Hardee, Tampa, for appellant. Hill, Hill & Dickenson a...
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91 So.2d 653 (1956) Janet CODOMO, an Impleaded Defendant, Appellant, v. Obert EMANUEL, Victor Emanuel and Jack Edwards, trading and doing business as Emanuel Electric Co., Appellees, and Belfran, Inc., a Florida Corporation, and Leonard Codomo, jointly and severally, Defendants, not parties to appeal. Supreme Court of Florida. Special Division A. October 3, 1956. Rehearing Denied December 13, 195...
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Affirmed on authority of Turner v. Frey, Fla., 81 So.2d 721. DREW, C. J., and TERRELL, HOB-’. SON and THORNAL, JJ„ concur....
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This is an appeal from a verdict and judgment convicting appellant of the offense of assault with intent to commit murder. The appellant here attacks the sufficiency of the information, the sufficiency of the evidence, and the propriety of admitting in evidence a photograph of the patrol car that was at the scene of the crime. . The information was sufficient under the rule of Hogan v. State, 42 F...
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91 So.2d 657 (1956) FLORIDA CITRUS COMMISSION, a body corporate, and Nathan Mayo, as Commissioner of Agriculture of the State of Florida, Appellants, v. GOLDEN GIFT, Inc., a Florida corporation, Appellee. Supreme Court of Florida. En Banc. October 11, 1956. Rehearing Denied December 11, 1956. *658 W.J. Steed, Orlando, for Florida Citrus Commission. William C. Pierce, Tampa, for Nathan Mayo, as Co...
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This cause having been submitted to the Court upon the Return of the Respondent to the Writ of Habeas Corpus issued herein and upon the Motion of Petitioner' for his release from the custody of Respondent and upon briefs and argument of-counsel for the respective parties, all of which have been duly considered; it- is thereupon ordered and adjudged by the Court that the Petitioner be and he is her...
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■ The decree is affirméd. On the basis of the rule announced in Thomás' v. Thompson, 114 Fla. 833, 155 So.' 321, 'the proof is adequate to meet the requirements of our decision in J. C. Vereen & Sons v.'Houser, 123 Fla. 641, 167 So. 45. Affirmed. ; DREW, C. J., -HOBSON and -THOR-NAL, JJ., and GILLIS, Associate Justice, ■ concur. - - -, ■...
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91 So.2d 662 (1956) Marcy GRAHAM, Appellant, v. STATE of Florida, Appellee. Supreme Court of Florida. Special Division B. November 7, 1956. Rehearing Denied December 7, 1956. *663 William O. O'Donnell, Orlando, for appellant. Richard W. Ervin, Atty. Gen., and Jos. P. Manners, Asst. Atty. Gen., for appellee. THOMAS, Justice. In this case the issues were formed by a plea of not guilty to an informa...
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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Affirmed....
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This is an appeal from a final decree of the Circuit Court of Marshall County, In Equity. By its decree the Circuit Court held that the present suit is barred by a prior decree of that court and dismissed the cause. Appellant and appellee, Lucy and Grundy Maroney, were lawfully married to each other on December 5, 1909. On May 17, 1948, appellee, Grundy Maroney, filed suit against the appellant fo...
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A. M. Dunivant brought suit in the circuit court of Jefferson County against Atlantic Coast Line Railroad Company to recover damages for personal injuries alleged to have been sustained by him while he was in the employ of the defendant as a freight train conductor and while engaged in the line of duty handling interstate commerce. The original complaint consisted of four counts. Count 1 sought to...
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This bill was filed by the widow of a decedent with the purpose of assigning dower and homestead in certain land owned by the decedent prior to the marriage. To this *416 end, the bill sought to cancel the deed to such land alleged to have been executed by decedent before marriage, because the deed was made in contemplation of marriage with complainant and in fraud of her prospecti...
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This is an action by Ruby Gibson (appellant) against Edward W. McDonald, as administrator of the estate of Howard Wallace Fortenberry, deceased (appellee), for damages for personal injuries alleged to have been sustained in an accident which occurred on the 28th day of June 1953 at or near the intersection of 29th Street and 35th Avenue North in the City of Birmingham, Alabama. At the time the pl...
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This is an appeal from a decree of the circuit court of St. Clair County, southern judicial division at Pell City, in equity, overruling appellant’s demurrer to appellee’s bill for divorce. As argued here, the question presented is whether the bill shows on its face that the circuit court of St. Clair County, southern judicial division at Pell City, in equity, does not have jurisdiction to enterta...
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This is an appeal by respondent from a final decree in equity, dated and filed April 27, 1956. There had been another final decree dated January 21, 1956, which dissolved a partnership between complainant and respondent, dismissed the cross-bill of respondent, and referred the cause to the register (later a special.master was substituted) to state an account between the parties as such partners, a...
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O. B. Mann (appellant) was convicted of murder in the first degree and sentenced to life imprisonment in the penitentiary. This appeal is solely upon the record. The appellant has the right to bring his case to this Court in this manner. Jones v. State, 237 Ala. 614, 188 So. 384. On November 17, 1955, pursuant to the authority vested in the judge by virtue of the Act of the Legislature which appea...
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The appellee, complainant below, brought a suit in equity against appellants, respondents below, seeking specific performance of an oral agreement for lease of real estate and an injunction to restrain respondents from interfering with complainant’s possession of the property. The trial court rendered a decree granting the relief prayed for. This appeal is by the respondents from that decree. T...
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The appellant was indicted for murder in the second degree, convicted of manslaughter in the first degree, and sentenced to the penitentiary for a term of five years. Briefly stated, the evidence was to the effect that defendant, a deputy sheriff, arrested James Dancer, the deceased for driving while intoxicated. The defendant drove Mr. Dancer’s pick-up truck to a store for the purpose of makin...
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Guy W. Hanna (appellant) filed a statutory bill to quiet title to about seven acres of land situated in Jefferson County on the old Montgomery Highway. The suit was instituted against Frank Ferrier and Edna Ferrier (appellees) and against Will F'. Franke and F. H. Cornelius, who were later stricken as parties respondent. The respondents Frank Ferrier and Edna Ferrier answered the bill of complaint...
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Petition of the State, by its Attorney General, for certiorari to the Court of Appeals to review and revise the judgment and decision of that Court in Lowman v. State, 91 So.2d 697. Writ denied. LIVINGSTON, C. J., and SIMPS.ON and SPANN, JJ., concur....
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This is an action in the nature of ejectment by appellee against appellant for the recovery of a house and lot situated on the highway some 10 or 15 miles from Bessemer which had been owned and occupied by W. H. Brown. The case went to the jury on count 4 of the complaint which claimed the land and “damages in the amount of $10,000.00 for the detention *406thereof, loss of mesne profits and damage...
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Prom a decree of the Chancery Court of Newton County refusing to admit to probate a will of Miss Lizzie Watts, Mrs. Cornelia Watts Logan, the appellant, appeals to this Court. The facts as reflected by the record are substantially as follows: Miss Lizzie Watts died on December 24, 1933, leaving as her sole heir her brother, H. H. Watts, who lived in the home with her. H. H. Watts died intestate in...
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The appellant, J. W. Jenkins, is the son of Lee Jenkins, ' deceased. The appellee, Mrs. Etta Jenkins, is the stepmother of the appellant and the executrix of the estate of her deceased husband, Lee Jenkins. The executrix, as such, sued the defendant J. W. Jenkins on May 21, 1954, on a promissory note, written on the back of a blank check, reading as follows: “Due Lee Jenkins $500.00 to *502be paid...
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Appellant, C. R. Taylor, filed this suit in the County Court of Washington County against appellees Mrs. Clara Elliott and C. P. Cole to obtain a personal judgment against defendants for repairs performed by Taylor upon an airplane, and to impress a lien on it under Mississippi Code of 1942, Section 353. Mrs. Elliott, the owner of the airplane in question and of three others, on April 21,1955, lea...
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The appellant, Charlie Jones, filed a claim under the Mississippi Workmen’s Compensation Act, as amended, against Mason & Dulion Company, Incorporated, and its insurance carrier, for additional compensation for disability resulting from injuries sustained when he fell from a step ladder while working for Mason & Dulion, Incorporated, on June 13, 1955. After a hearing the attorney-referee entered a...
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This appeal involves a claim of the appellee for disability benefits under the provisions of an Act of the Mississippi Legislature providing retirement and disability benefits for firemen and policemen. Chapter 227 of the Laws of 1942; Sections 3470-3494 of the Mississippi Code of 1942. The City of Pascagoula came within the terms of the Act. The claim was disallowed by the Board of Relief and Dis...
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On December 1,1953, appellant issued to Turner Watts a standard automobile policy insuring his 1951 Mercury automobile against fire and other perils to the extent of its actual cash value until December 1, 1955. This policy contained the standard clause pertaining to an appraisal in the event of damage or destruction to said automobile, which clause is as follows: “Appraisal — If the named...
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Y. J. Pennyan, as plaintiff, filed suit in the justice of the peace court of District No. 4 of Oktibbeha County against Dewey Alexander, defendant, for property damage to the plaintiff’s 1951 Ford automobile alleged to have been caused by the plaintiff’s automobile colliding with a bull owned by the defendant, while the plaintiff was driving on the Craig Springs Road in said District No. 4. The...
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This appeal involves a claim of the appellee, Howard Nicholson, against his employer, R. E. Prince, and the latter’s insurance carrier, T. H. Mastín & Company (Consolidated Underwriters), who are appellants here, for compensation benefits under the provisions of the Mississippi Workmen’s Compensation Act as amended. It is the claim of the appellee that while in the employment of the appellant, ...
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Appellant was indicted for willfully, unlawfully, fel-oniously and burglariously breaking and entering a certain inhabited dwelling house in the nighttime belonging to Edna Flowers, with the felonious intent to unlawfully, willfully and feloniously rape, ravish and carnally know one Yernell Harris violently and against her consent. He Avas convicted and appeals therefrom. Only two errors are assig...
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McQueen, plaintiff below and appellant here, suffered personal injuries as a result of steam and hot water escaping from a boiler while he was undertaking to drain the water therefrom preparatory to replacing a defective gasket therein. By this suit he seeks to recover from Ingalls damages for such injuries. The suit is grounded upon the theory that the injuries resulted from the failure of Ingall...
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This is an action of unlawful entry and detainer brought by the appellees, Cecil Leslie and Mrs. Lorrie Leslie, as plaintiffs, against the appellants, Albert Martin and Mrs. Nellie Adams Martin, as defendants, to recover the possession of certain land in Jackson County. The special tribunal convened according to law to try the cause rendered a judgment for the plaintiffs. The defendants appealed t...
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From a conviction of possession of intoxicating liquor, appellant prosecutes this appeal. The officers secured a search warrant to search a residence, which, according to the affidavit, was occupied by unknown persons. Upon making the search, the officers found a half pint of liquor under a pillow in one room and a small quantity of liquor on a table in the kitchen, the total amount of whiskey ...
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Appellant was indicted for, and convicted of, the crime of uttering and publishing a forged check, knowing it to be forged. He says he was not guilty of any crime, but, if so, it was that of forgery or obtaining money under false pretenses. Section 2179, Miss. Code of 1942, defining the crime of uttering a false instrument, reads: “Every person who shall be convicted of having uttered or published...
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Brady, the appellant, was convicted of the unlawful possession of a gambling device, towit, a slot machine, under Section 2047, Miss. Code 1942. The machine was found in the “Stardust Grill”, this being both the place of business and the residence of appellant and Mrs. Brady. The machine was discovered and possession thereof taken as a result of a search of the Stardust Grill by five members of th...
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In August 1951, the appellant was employed by National Advertising Company and sustained an injury to his neck and shoulder. He was admitted to a hospital in Meridian, Mississippi, and was under the care of Dr. Leslie Y. Rush, who placed him in head traction and diagnosed his condition as cervical disc syndrome, with an excellent opportunity of a ruptured cervical disc C. 5 or C. 6. After nine or ...
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Noah Scallan was charged under LSA-R.S. 55:9 — 10 with possessing for use and *473using an unsealed arid a false weighing or measuring device, the penalty for a violation of any provision of which statute is a fine of not more than $200 or imprisonment for not more than three months or both. To the indictment, in a motion to quash, the defendant pleaded that (1) it does not set. forth any crime kn...
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91 So. 2d 762 (1956) 231 La. 474 J. Sulie BROUSSARD et al. v. HASSIE HUNT TRUST. No. 42734. Supreme Court of Louisiana. December 10, 1956. J. R. Goff, C. E. Hall, Shreveport, for appellants. O. H. Deshotels, Jr., Kaplan, James Domengeaux, Douglas J. Nehrbass, Lafayette, for appellee. FOURNET, Chief Justice. This is a suit to cancel an oil, gas and mineral lease executed by the landowner-plaintiff...
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*485This is an appeal from a judgment of the District Court in favor of the plaintiffs, James Herman Brown and Mrs. Mary Brown Cowden, declaring them to be the owners of one-fourth of the gas, oil and minerals under certain described lands in Claiborne Parish, and is now before us on motion of plaintiffs-appellees to dismiss the appeal on the ground that the Court of Appeal was without authority t...
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The plaintiff, Wilburn Branch, instituted this suit to recover from the defendant, Hiram M. Alexander, salary allegedly due him for the months of April through December, 1953, at $180 per month as well as damage due to loss of certain fringe benefits,1 all totaling $2,360, under the terms of a verbal contract of employment as overseer and manager of defendant’s plantation, known as “Bowie” and loc...
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William E. Bess and Green W. Hicks, Jr., filed a third opposition in the above numbered and entitled suit. To this opposition the plaintiff filed an exception of no legal right or cause of action. The exception was sustained and suit dismissed. The third opponents appealed. The appeal was made returnable to this Court for December 20, 1954. The record was not filed in this Court until March 17, 19...
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The subject matter of this appeal is the refusal of the Judge of the Juvenile Court to grant a right of adoption to the petitioner. A clear statement of the law and the facts is persuasive of what judgment should be rendered. The applicant for adoption is Roland Joseph Madere, husband of Dorothy Collins Madere, who is the divorced wife of James Littleton Long, Sr. Dorothy Collins and James Li...
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The appellees have moved to dismiss the appeal in this case alleging that no citation of appeal was served on them due to the fault of the appellant. Upon examination of the record, we find that the appeal was not taken in open court and that the petition for appeal asks that the defendant (appellees) be duly cited to appear and answer the appeal. The citation of appeal was never served on the app...
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On January 29, 1951, Odelon W. Broussard sold to James M. Ketchens by warranty deed for $4,500 a tract of land stipulated to contain 45 acres and situated within the corporate limits of the City of Jennings, Parish of Jefferson Davis, Louisiana. In December, 1953, Broussard instituted this suit against the purchaser Ketchens to set aside the sale for lesion beyond moiety or, alternatively, for fra...
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The defendant has appealed from a judgment sentencing'him to pay a fine of $500 for the violation of a city ordinance, The ordinance under which the defendant was convicted and sentenced provides as follows : “Section 26.07 Storage of Readily Combustible Materials. Permit Required. No person shall store in any building or upon any premises within any residential area, any combustible empty packing...
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Plaintiff, Thomas Rockwood, Jr., prosecutes this appeal from a decree .dismissing his suit to set aside two ex parte judgments recognizing the defendant, Henry Wilson, as the sole and only heir at law of Sarah Bryant Rockwood Wilson and placing Wilson in possession of her estate. Thomas Rockwood, Sr. and Sarah Bryant were married on September 17, 1918, and during the existence of their communit...
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The issue here is the validity of a nuncupative will by public act. The parties litigant are sister and brother. The will is that of their mother, Mrs. Lydia Cooper Heintz. The ground asserted for nullity is that the formalities provided by Article 1578, of the LSA-Civil Code, were not complied with at the time of the confection of the will. The question for decision is, therefore, one of fact. F...
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Mrs. Myrtis Mitchell, a married woman living with her husband, instituted this suit 'to recover from the First National Life Insurance Company the sum of $37.50 per week from September 27, 1954, until paid as continuing wages under the provisions of R.S. 23:631 and 632.1 Plaintiff, who was employed to do clerical work by defendant, bases her claim on the fact that her employment was terminated eff...
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In an intersectional automobile collision at about 3:30 o’clock on the afternoon of October 25, 1953, at the corner of State and Perrier Streets, in New Orleans, an automobile owned and driven by Michael Papusha was severely damaged. The other car was owned by John C. Scott and was being operated by his minor daughter, Ruth Ann Scott. Papusha had secured a policy of what is termed “collision insur...
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The amended complaint in this cause prayed for damages, punitive and compensatory, against appellees for the wrongful death of appellant’s daughter, June Richter, at the time she was a student in the public schools of Dade County. Appellees filed their answer denying liability as matter of law and moved to dismiss. Appellees then moved for summary judgment supported by appropriate affidavits. Appe...
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91 So.2d 795 (1957) Warwick J. HAYES and his wife, Olive Hayes and M. Parker Abbott and his wife, Esther S. Abbott, Appellants, v. J. Warren BOWMAN, Richard H. Misener and L. Carle McEvoy, Jr., Appellees. Supreme Court of Florida. Special Division A. January 4, 1957. *796 Lindsey & Cargell, St. Petersburg, for appellants. Henry Esteva, St. Petersburg, for appellees. THORNAL, Justice. Appellan...
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In 1940 William G. Blanchard secured an oil or mineral lease from the Trustees of the Internal Improvement Fund on 7,000 acres of off-shore lands in Dade and Monroe Counties. Litigation following this lease resulted in placing title to it in a corporation known as Florida Exploration Company. February 1, 1950, the corporation adopted by-laws providing its -management and control be vested .exclusi...
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Affirmed. See Hunter v. State, 85 Fla. 91, 95 So. 115; and Skipper v. State, 114 Fla. 312, 153 So. 853, Id., 293 U.S. 517, 55 S.Ct. 76, 79 L.Ed. 631. . TERRELL, Acting C, J., THÓRNAL and HOBSON, JJ., and LOPEZ, Associate Justice, concur....
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91 So.2d 806 (1957) Mildred Louise CADORE, widow of Thorndyke A. Cadore, ceceased, now Mildred Louise Stahovec, Appellant, v. Sadie KARP, as Administratrix of the estate of Sam Karp, deceased, and Lloyd M. Stauffer, Appellees. Supreme Court of Florida. Special Division B. January 4, 1957. *807 Ross Williams and Dixie H. Chastain, Miami, for appellant. Dixon DeJarnette Bradford & Williams and ...
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This' cause came on to be heard on the motion of appellees to affirm the judgment appealed from pursuant to Rule 38 of the rules of this court, 31 F.S.A. and it appearing to the court from an examination of the record that said motion is appropriate and .seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is acc...
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91 So.2d 809 (1956) G.A. WINSTEAD, Appellant, v. STATE of Florida, Appellee. Supreme Court of Florida. Special Division A. November 28, 1956. Rehearing Denied January 22, 1957. *810 Liddon, Isler & Welch, Panama City, and Marion B. Knight, Blountstown, for appellant. Richard W. Ervin, Atty. Gen., and Joseph P. Manners, Asst. Atty. Gen., for appellee. HOBSON, Justice. Defendant, a medical doct...
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91 So.2d 811 (1957) Ben J. CHASIN and Mollie Chasin, his wife, Appellants, v. A.J. RICHEY, Appellee. Supreme Court of Florida. Special Division A. January 4, 1957. *812 Irving Cypen, Miami Beach, and Michael H. Salmon, Miami Beach, for appellants. Hudson & Cason, Miami, for appellee. HOBSON, Justice. This is an appeal by defendants from final judgment of the circuit court entered consequent u...
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Describing themselves as taxpayers, appellants filed their complaint below alleging the -invalidity of the location of the northern terminus of the proposed Florida Turnpike in the vicinity of Tisonia, Duval County, Florida. They also seek an adjudication that' the claimed tax-exempt status of the property-of the Florida State Turnpike Authority is ■ unconstitutional; The Chancellor dismissed the ...
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Alva G. Layne was discharged on August 8, 1953, as Chief of Detectives in the Department of Police, City of Daytona Beach. The order of discharge read in, part as follows: “That this dismissal is, based on incompetency to discharge the duties of, inefficiency to properly perform the duties of and neglect to" properly perform the duties of Chief of Detectives of the Police Department of the City of...
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Affirmed on authority of State ex rel. Gibbs v. Bloodworth, 1938, 134 Fla. 369, 184 So. 1. DREW, C. J., and TERRELL, THOMAS and O’CONNELL, JJ., concur....
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This is the second appeal in this case. Smith v. Hart, 259 Ala. 7, 65 So.2d 501. On the former appeal the bill of complaint was substantially set out in the opinion rendered by this court, where we held that the bill was not subject to the demurrer interposed. By reference to. that opinion and the amendments which we will set out in this opinion, the amended bill can be understood. The bill was am...
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This cause was initiated by a petition in the Probate Court of Jefferson County by a daughter of Mrs. Grace H. Wilkinson, deceased, seeking to have five alleged void decrees previously rendered by said probate court vacated, annulled, and expunged. These decrees consisted of one of August 19, 1942, adjudging Mrs. Wilkinson to be a person of unsound mind, a decree of August 19, 1942, granting lette...
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This is an appeal from an interlocutory decree of the trial court overruling the appellant’s demurrer to a bill for specific performance of an executory contract for the sale of certain real property. The demurrer attacked the sufficiency of the bill on several grounds, but only two propositions are argued in brief. Discussion will, therefore, be limited to these. ' The appellant contends that the...
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This is a suit for damages wherein it is alleged that Lewell Taylor, a minor, sustained personal injuries as a result of the negligent operation of an automobile by an agent of the defendant, Brownell-O’Hear Pontiac Company. A jury trial resulted in a verdict and judgment for the plaintiff for $7,500. The defendant filed a motion for a new trial. From a ruling of the court granting the motion a...
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On June 10, 1955, General Contract Corporation, ap-pellee, which, for brevity, we will call complainant, filed the bill in this cause against Bill Howell Motor Company, a corporation, which we will call Howell Motor Company, and against Bill Howell and his wife Mrs. Betty H. Howell as individuals. The bill alleged that in the years 1952 and 1953 the Howell Motor Company had an agency for, and was ...
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229 Miss. 770 (1957) 91 So. 2d 837 SCOGGINS v. VICKSBURG HOSPITAL, INC. No. 40291. Supreme Court of Mississippi. January 14, 1957. J. Wesley Miller, Rolling Fork, Prewitt & Bullard, Vickburg, for appellant. *772 Dent, Ward & Martin, Vicksburg, for appellee. *773 KYLE, J. The appellant, E.T. Scoggins, plaintiff in the court below, sued the appellee, Vicksburg Hospital, Incorporated, as def...
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Spiers, the appellant, was convicted of burglary and larceny. On this appeal he raises a number of questions. He says the testimony was insufficient to support the verdict of guilty, and that his request for a peremptory instruction should have been granted. His principal contention is that the main witness against him was an accomplice, and the jurors should have rejected his testimony. It is we...
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The appellant E. J. Bolin was tried and convicted in a justice of the peace court for the unlawful possession of intoxicating liquor, tO-wit whiskey, and was sentenced to pay a fine of $250.00 and serve a sentence of 30 days imprisonment. He appealed to the Circuit Court of Lowndes County, where he was again convicted and sentenced to pay a fine of $400.00 and costs and to serve 90 days of impriso...
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On November 29, 1950, the appellee J. S. Lewis was employed by the appellant Gulf States Creosoting Company of Wilmington, Delaware, to purchase cross ties for the appellant, some of which were being sold to the New York Central Railroad Company. The appellee was to purchase ties for the tie yards of the appellant at Forest, Sebastopol, Tuscola and Walnut Grove, Mississippi, for which he was to re...
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91 So.2d 852 (1956) Herman W. LEFCOURT, Appellant, v. J. Bradley STREIT et al., Appellees. Supreme Court of Florida. En Banc. December 19, 1956. Rehearing Denied February 1, 1957. *853 Warren, Klein & Moore, Miami Beach, for appellant. Anderson, Scott, McCarthy & Preston, William C. Steel, Miami, and Farr & Farr, Punta Gorda, for appellees. WARREN, Associate Justice. Following the clo...
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In this case, the petitioner on December 17, 1956 filed a separate petition for attorneys’ fees in this cause. At the time certiorari was granted on December 7, 1956, there was no application for attorneys’ fees for services rendered in this Court or before the full commission1-and such matter was therefore not passed at that time. It appears that the1 attorneys for the petitioner represented him ...
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91 So.2d 857 (1956) W.H. WILSON, Appellant, v. Lawrence W. RENFROE, as County Judge, County Judge's Court, Leon County, Florida, Appellee. Supreme Court of Florida, Division A. December 7, 1956. Rehearing Denied February 1, 1957. *858 Ausley & Ausley, D. Fred McMullen, Atkinson & Williams and George W. Atkinson, Tallahassee, for appellant. Richard W. Ervin, Atty. Gen., Jos. P. Manners, As...
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This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to Rule 38 'of the rules of this court, 31 F.S.A., and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest that the questions raised on appeal are without substantial merit and need no further argument; It is acco...
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91 So.2d 862 (1957) W.E. HOLLEY and Hallie Holley, Appellants, v. James KELLEY, Appellee. Supreme Court of Florida. Special Division A. January 11, 1957. *863 S.M. Preacher, De Funiak Springs, and Coe & Coe, Pensacola, for appellants. Thos. D. Beasley and A.G. Campbell, Jr., De Funiak Springs, for appellee. HOBSON, Justice. Defendants prosecute this appeal from judgment of the circuit court e...
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This cause came on to be heard on the motion of appellee to affirm the judgment appealed from pursuant to 31 F.S.A. Rule 38 of the rules of this court and it appearing to the court from an examination of the record that said motion is appropriate and seasonably made and that it is manifest - that the questions raised on appeal are without substantial merit and need no further argument; It is accor...
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91 So.2d 865 (1956) Edna SENEGAL (Sam MULLER, Jr., Substituted as Plaintiff) v. Guy A. THOMPSON, Trustee of Missouri Pacific Railroad Co. et al. No. 4136. Court of Appeal of Louisiana, First Circuit. November 26, 1956. Rehearing Denied January 22, 1957. Writ of Certiorari Denied February 27, 1957. *866 Hudson, Potts, Bernstein & Davenport, Monroe, Kaufman, Anderson, Leithead & Scott, Lake...
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For the reasons assigned in the suit of Senegal (Muller) v. Thompson, La.App., 91 So.2d 865, the judgment of the District Court is hereby affirmed....
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For the reasons assigned in the suit of Senegal (Muller) v. Thompson, La.App., 91 So.2d 865, the judgment of the District Court is hereby affirmed....
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This matter1 and the companion case of Olivier v. Fidelity & Casualty Company of New York, 91 So.2d 902, arise out of an automobile accident which occurred in the Parish of Iberia on January 29, 19S5. The petition of Louis Olivier alleges that about 11:30 P.M. on said date he was driving his automobile at a legal and reasonable rate of speed with his lights on in an easterly direction on the Lorea...
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For the reasons this day assigned in the matter entitled Olivier v. Fidelity & Casualty Company of New York, 91 So.2d 897, the judgment appealed from is affirmed. Judgment affirmed....
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Plaintiff filed this suit for workmens compensation in the maximum amount, alleging total and permanent disability as the result of an alleged accident to his left ankle, leg and foot on May 14, 1952, and a second accident and injury on December 18, 1954 to his left arm, shoulder and back. Defendants admitted the accident and injury of May 14, 1952 to plaintiff’s foot and ankle but took the positi...
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This suit for workmen’s compensation benefits was dismissed after trial on the merits on the ground that it was not proven plaintiff Halphen had any residual disability resulting from the accident of January 8, 1955. Following plaintiff’s appeal; he died; his widow and children were substituted as parties plaintiff by stipulation of counsel. In the course of his employment, Halphen was involved in...
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This is a suit on a promissory note secured by chattel mortgage on a 1950 model Pontiac automobile wherein judgment is sought for the balance due. Apparently, an error was made in computing the balance, for, while the prayer of the petition is for the sum of $632.50, the plaintiff’s brief admits that the correct amount is $619.50. The petition, in addition, asks that the Court recognize its mortga...
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91 So.2d 917 (1957) Roland STANSBURY v. MAGNOLIA PETROLEUM COMPANY. No. 4324. Court of Appeal of Louisiana, First Circuit. January 2, 1957. Blanchard & Blanchard, Donaldsonville, for appellant. Liskow & Lewis, Lake Charles, Davidson, Meaux, Onebane & Nehrbass, Lafayette, *918 Brumby, Aycock, Horne & Caldwell, Franklin, Kantrow, Spaht, West & Kleinpeter, Baton Rouge, for appell...
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This suit by R. T. Leiser and The Casualty Reciprocal Exchange Insurance Company against Forcum-James Company, Inc. and its insurer, The Travelers Insurance Company of Hartford, Connecticut, for damages alleged to have been caused to Mr. Leiser’s truck when he drove into an excavation made by Forcum-James Company, Inc., for the purpose of repairing Highway 190 in the town of Krotz Springs, St. Lan...
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This is a controversy over the right of certain persons to vote in a special election for officers, a board of trustees and a minister, of a church in the City of New Orleans. The litigation was initiated by the filing in the Civil District Court for the Parish of Orleans of a petition under which the church sought to restrain certain persons from in any manner interfering with the affairs of the ...
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This is a suit for total and permanent disability under the Louisiana Workmen’s Compensation Laws, LSA-R.S. 23:1021 et seq. The Lower Court dismissed petitioner’s demand and rendered judgment in favor of the defendant. The petitioner has appealed. The facts show that on or about October 15,1955, petitioner was employed by Clifford E. Fontenot as a “cotton pumper” at the cotton gin of Fontenot loca...
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