GRACE L. FARRAR AND HARRY FARRAR, APPELLANTS,
v.
HARRA A. CHESLEY, APPELLEE
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The Florida Supreme Court affirmed a lower court's decree, finding no errors in the original judgment. The court's decision was brief and per curiam, indicating a straightforward affirmation.
The Florida Supreme Court found no errors in the Circuit Court's decree. Therefore, the decree was affirmed.
“it seems to the court that there is no error in the said decree; it is therefore considered, ordered and adjudged by the court that the said decree of the Circuit Court be and the same is hereby affirmed”
This quote directly states the court's finding and the resulting affirmation of the lower court's decree.
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Join FLexlaw to unlock all legal intelligenceThe case involved an appeal by Grace L. Farrar and Harry Farrar against a decree issued by the Circuit Court. The specifics of the original decree or …
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Per Curiam.
This cause having been submitted to the court at a former day of this term upon the transcript of the record of the decree aforesaid, and argument of counsel for the respective parties, and the record having been seen and inspected, and the court being now advised of its judgment to be given in the premises, it seems to the court that there is no error in the said decree; it is therefore considered, ordered and adjudged by the court that the said decree of the Circuit Court be and the same is hereby affirmed; it is further ordered that the appellee do have and recover of and from the appellants his costs by him in this behalf expended, which costs are taxed at the sum of $--- — --, all of which is ordered to be certified to the court below.
The decision of the court in this cause was this day read and ordered to be filed.
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Jones v. United States, 19 F.2d 316 (8th Cir. 1927)…must not be left to inference or presumption from other facts which are stated. We cannot supply by inference or conjecture a material fact which should be alleged and proven. Moulie v. State, 37 Fla. 321, 20 So. 554.” See, also, Sweeting v. State, 67 Fla. 290, 64 So. 946. We therefore conclude that the court erred in overruling the demurrer to the indictment, and the judgment is therefore reversed, and the cause remanded, with instructions to dismiss the.indictment and discharge the defendants.…