McNealy v. Gregory
Supreme Court of Florida
Appeal from a judgment rendered in tlie Circuit Court ibr Calhoun county. In March, A. D. 1866, Adam McUealy brought an action ©I assumpsit against Jason Gregory, in the Circuit Court of Cíalhoun county, upon a promissory note of Gregory, payable to A. IT. Bush, or Bearer. Certain pleas, raising quesfi©ns in reference to the interest of the plaintiff in the note, irere filed.
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Appeal from a judgment rendered in tlie Circuit Court ibr Calhoun county. In March, A. D. 1866, Adam McUealy brought an action ©I assumpsit against Jason Gregory, in the Circuit Court of Cíalhoun county, upon a promissory note of Gregory, payable to A. IT. Bush, or Bearer. Certain pleas, raising quesfi©ns in reference to the interest of the plaintiff in the note, irere filed. JSTo plea was filed setting up the fact' that the «©nsideration of the note was the price and value of a slave sold by the payee of the note (Bush) to the maker, Gregory] McUealy obtained a judgment on the 25th of…
1Opinion of the CourtWestoott, J.
If the Circuit Court could not make the order opening this judgment by virtue of the constitutional provision, it becomes immaterial whether these proceedings were taken with or without notice to the plaintiff in execution, or were attended with irregularities in other respects, as in either event they must be set aside. This is, therefore, the question which disposes of the case, and meets it fully upon its merits. Analyzing this clause in the constitution, we find that it refers to four subjects matter :
First. All deeds or bills of sale given for slaves, with covenant or warranty of title…
2Cases cited4 opinions
- The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
- Rose v. HimelySupreme Court of the United States · 1808
- Thomas Wilson & Co. v. SmithSupreme Court of the United States · 1845
- Powell v. Boon & BoothSupreme Court of Alabama · 1869
3Cited by10 opinions
- People v. MaxSupreme Court of Colorado · 1921
- Taylor v. StateSupreme Court of Florida · 1905
- Cramp v. Board of Public Instruction of Orange Cty.Supreme Court of Florida · 1960
- Dickerson v. AcostaSupreme Court of Florida · 1876
- State ex rel. Gerstein v. BakerDistrict Court of Appeal of Florida · 1971
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