FERRIS HORNE
v.
STATE
FERRIS HORNE
STATE
142 Fla. 627
Florida Supreme Court (1940)
Positive Treatment
Also reported at: 195 So. 601
Cited by 3 cases
Opinion of the Court
On writ of error to review judgment of conviction of the offense of larceny of a bull calf, plaintiff in error challenges the sufficiency of the evidence.
The record has been examined and no reversible error is found.
Judgment is affirmed.
So ordered.
Affirmed.
Terrell, C. J., and Buford and Thomas, J. J., concur.
Chapman, J., concurs in opinion and judgment.
Justices Wi-iitfield and Brown not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leonard v. Leonard, 259 So. 2d 529 (Fla. 3d DCA 1972)…nson, supra (102 So. 2d at 751); Patterson v. Patterson, supra (177 So. 2d at 255, footnote 2); Heath v. Heath, 102 Fla. 1071, 138 So. 796, 797. For the reasons assigned, the award of alimony was improper in this case. Malby v. Malby, 142 Fla. 656, 195 So. 601; Patterson v. Patterson, supra. Accordingly, that part of the judgment which provided for payment of alimony by the defendant husband to the plaintiff wife is reversed. . This divorce action was filed and decided in the trial court prior to the eff…
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Wilks E. Patterson v. Patterson, 177 So. 2d 254 (Fla. 2d DCA 1965)…1071, 138 So. 796 (defendant found briefly clothed lying on her bed with another man). The award of alimony was improper and should be eliminated if the defendant was guilty of adultery as well as extreme cruelty. Malby v. Malby, 1940, 142 Fla. 656, 195 So. 601. Since the award was based upon a misconception of a controlling legal principle applicable to the controversy, ordinarily we would reverse the final decree and remand for reconsideration in the light of correct legal principles. Green v. Putnam, Fl…
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Chandler v. Chandler, 230 So. 2d 723 (Fla. 2d DCA 1970)…in finding that the husband condoned his wife’s adulterous conduct the court also erred in awarding alimony to her. See Fla.Stats., Section 61.08, F.S.A.; Baker v. Baker, Fla.1927, 94 Fla. 1001, 114 So. 661; Malby v. Malby, Fla. 1940, 142 Fla. 656, 195 So. 601; Randolph v. Randolph, Fla. 1941, 146 Fla. 491, 1 So. 2d 480; Cowan v. Cowan, Fla.1941, 147 Fla. 473, 2 So. 2d 869; Eakin v. Eakin, Fla.1958, 99 So. 2d 854. We affirm the trial court’s award of custody of the minor children to the wife-appellee on…