STATE, EX REL., J. L. KETCHEM,
v.
THE COURT OF CRIMES, DADE COUNTY, ET AL.
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Where it is claimed that a bond given under Sections 8426-8427 C. G. L., 6121-6122 R. G. S., is unenforceable and will not authorize the issuance of an execution for the amount of the fine or costs of both, as specified in the bond, as' against the sureties thereon, the appropriate procedure is that prescribed by Section 4515 C. G. L., 2828 R. G. S., or by C. G. L., 2829 R. G. S., ánd not by prohibition, as was pursued in this case.
Constitutional writ in aid of writ of error taken to judgment dismissing prohibition proceeding in Circuit Court denied.
Davis, C. J., and Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Atl. Coast Line R.R. Co. v. Voss, 136 Fla. 32 (Fla. 1939)…e presumption in all cases, being against the company.” Plaintiff in error relies on Western Atlantic Railroad Company v. Henderson, 279 U.S. 639, 49 Sup. Ct. 445, 73 Law Ed. 884, and Atlantic Coast Line Railroad Company v. Richardson, 117 Fla. 10, 157 So. 17, and like cases to support this contention. It cannot be questioned that the Georgia statute held bad [*35] in Western Atlantic Railroad Company v. Henderson is in words and phrasing identical with the Florida statute now in question. Examination o…
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Powell v. Jackson Grain Co., 134 Fla. 596 (Fla. 1938)…2; Covington v. S. A. L. Ry. Co., 99 Fla 1102, 128. So. 426; A. C. L. Ry. Co. v. Weir, 63 Fla. 69, 57 So. 641; see also Stringfellow v. Atl. Coast Line, 290 U. S. 322, 54 Sup. Ct. 175, 79 Law Ed. 339; and A. C. L. Ry. Co. v. Richardson, 117 Fla. 10, 157 So. 17. Under the last above quoted statute, when in a trial by jury, the evidence has all been submitted, a verdict for the defendant should not be directed for the defendant unless it be apparent that no sufficient evidence has been submitted upon which…1 / 2
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Loftin v. Skelton, 152 Fla. 437 (Fla. 1943)…on against the defendant along with the evidence in the case. This statute has been before this Court many times. See A.C.L. R.R. Co. v. Voss; A.C.L. RR. Co. v. Redemptorists, 136 Fla. 32, 186 So. 199; A.C.L. Railroad Co. v. Richardson, 117 Fla. 10, 157 So. 17; S.A.L. Ry. Co. v. Myrick, 91 Fla. 919, 109 So. 193; Seaboard Air Line R. Co. v. Thompson, 57 Fla. 155, 48 So. 750; Atlantic Coast Line Railroad Co. v. Webb, 112 Fla. 449, 150 So. 741; Western Atlantic Railroad Company v. Henderson, 279 U.S. 639, 49…
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