Cases Adjudged in the Supreme Court of Florida Volume 48

Cases Adjudged in the Supreme Court of Florida Volume 48

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... law, which said bond was duly approved and accepted by the clerk of said court within the time allowed by law for the petitioner to perfect said supersedeas; that, notwithstanding the facts above stated, said sheriff refuses to release the balance of said rock from said levy or to restore the same or to return said certified check to the possession of the petitioner, but that said sheriff still retains said rock and said check in his F Thalheim et al. v. Camp Phosphate Co.--Statement of Case. possession and is further proceeding thereby in relation to said judgment. Vl/herefore, petitioner prayed for a rule nisi against said sheriff, to show cause why he should not be adjudged to be in contempt of this court for violating the supersedeas granted in said cause. On the 5th day of October, I904, this court made an order directing the issuance of said rule as prayed, making the same returnable on the 12th day of October, 1904. On said return day the said sherifl filed in this court his answer to said rule, in which he admitted practically all the facts alleged in said petition, with the exception of the promise made by him to the petitioner as alleged in said petition, stating that the only promise made by him to the petitioner when he accepted said certified check and released 500 tons of rock from said levy, which was done for the accommodation of the petitioner, was that said check would be accepted by him in lieu of the phosphate so released and that said check would be redelivered to the petitioner whenever the remainder of the property so levied upon under said execution should be released by. said sheriff. Said return contains an amplification of the facts recited in the petition as well as some additional facts, but we deem more

Product details

  • Paperback | 128 pages
  • 189 x 246 x 7mm | 240g
  • United States
  • English
  • black & white illustrations
  • 1236739094
  • 9781236739094