LILLAR ELLEBY, PETITIONER,
v.
FRANK STOUTAMIRE, SHERIFF OF LEON COUNTY, FLORIDA, RESPONDENT
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The Florida Supreme Court ordered the release of a petitioner on bail after considering a writ of habeas corpus and a motion for discharge. The court's decision was based on the arguments presented by both parties.
Yes, the Petitioner should be released from custody upon posting an appearance bond.
“it is now hereby ordered and adjudged that the Petitioner herein, Lillar Elleby, be released from the cutsody of the Respondent upon her executing and filing a good and sufficient appearance bond in the sum of $100.00, such bond to be effective when approved by the Sheriff of Leon County, Florida.”
This quote states the court's order for the release of the petitioner on bond.
The Petitioner, Lillar Elleby, was in the custody of the Respondent, Sheriff Frank Stoutamire. The Petitioner sought release through a writ of habeas …
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This cause coming on this day to be heard by and before the undersigned Justice of the Supreme Court upon the return of the Respondent to the Writ of Habeas Corpus issued herein and upon motion of counsel for Petitioner for the discharge of the Petitioner, and upon argument of counsel for the respective parties all of which has'been duly considered, it is now hereby ordered and adjudged that the Petitioner herein, Lillar Elleby, be released from the cutsody of the Respondent upon her executing and filing a good and sufficient appearance bond in the sum of $100.00, such bond to be effective when approved by the Sheriff of Leon County, Florida.
Done and Ordered at Tallahassee, Florida, this 26th day of January, 1933.
Rivers Buford, Justice of the Supreme Court of Florida.
Attest:
G. T. Whitfield, Clerk Supreme Court of Florida.
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Citator
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Merchs. & Bankers Guar. Co. v. Mollie Downs, 128 Fla. 767 (Fla. 1937)…ine whether an amended pleading is for the same or a different cause of action is whether the same evidence will support a judgment rendered upon either. Livingston v. Malever, 103 Fla. 200, 137 So. 113. In the case of Falk v. Salario, 108 Fla. 135, 146 So. 193, the original declaration was upon a promissory note signed by Salario, and fourteen other persons were joined as defendants upon the allegation that Salario in executing the note acted for himself and each of them. Later an amended declaration was…
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Fancher v. Rumsey, 121 Fla. 631 (Fla. 1935)…y the petitioners for rehearing that there was a fundamental departure in the pleadings which this Court overlooked, and that such departure requires affirmance of the judgment under the rulings heretofore laid down by Falk v. Salario, 108 Fla. 135, 146 Sou. Rep. 193, and Livingston v. Malever, 103 Fla. 200, 137 Sou. Rep. 113, and that accordingly the judgment of the Court should have been affirmed instead of being reversed. The alleged departure complained of was not specifically ruled on nor discussed in this…
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Marinelli v. Weaver, 187 So. 2d 690 (Fla. 2d DCA 1966)…r, they stand equally obligated as the principal makers. This has always been one of the rules of the Law Merchant. See Bass v. Geiger, 73 Fla. 312, 73 So. 796; Fannin v. Fritter, etc., 127 Fla. 97, 172 So. [*693] 691; Falk v. Salario, 108 Fla. 135, 146 So. 193; Rapp v. Demmerle, Fla.1952, 61 So. 2d 481; Furlong v. Leybourne, Fla.App.1962, 138 So. 2d 352. The Marinellis were clearly liable as accommodation makers on the note, and the learned trial Judge was correct in so holding. For . the first time in…
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