Florida Reports Volume 43

Florida Reports Volume 43

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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. 1903 edition. Excerpt: ...parties before the court does not. in our judgment, ha'e such effect. and no other section has anv tendenc_' to accomplish such result. It is the rule in this court that a supersedeas to a judgment at law does not anuul or undo it but only suspends further proceedings in relation thereto and such is declared to he its effect in the second division of section 1272 under orders of supercedens granted by a justice of the Supreme Court. Tn cases where the jud_-__rment is in whole or in part other than a money judgment. the amount and condition of the supersedeas hond shall he determined h_' the lower court. This provision allows snfiicient latitude to adjust the conditions of superse."eas bonds to qua wairranto judgments, and it cannot be said that the damages resulting to a successful claimant to an office are such as not to come within the terms of suchcon--ditions. The supersedeas in qua warranto proceedings can operate to suspend further action under or relative to the judgment, and there is nothing in our statutes to indicate that it should not have such effect. It will relate to the status of the parties as existing at the time the writ be comes operative, and such has been declared to be its effect by the Supreme Court of the United States, even to the extent of preventing contempt proceedings to punish a party for not surrendering an office, on a judgment of ouster, held at the time the supersedeas becomes operative. 'ilson v. North Carolina, I69 U. S. 586, 18 Sup. Ct. Rep. 4 3 5. and cases therein cited. Some courts hold to a different view, but under our statutes it appears to us that the correct view is announced by the Federal Supreme Court, and we follow it. The writ of error on this case was sued out within thirty days...show more

Product details

  • Paperback | 180 pages
  • 189 x 246 x 10mm | 331g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236860918
  • 9781236860910