Brown v. Harley
Supreme Court of Florida
Writ of Error to Leon Circuit Court: The action below was by scire facias, to revivo a judgment rendered in the late Leon Superior (Territorial) Court on 21st November, 1842, in favor of Joseph F. C. Harley, and against David Brown, for $1,483. The scire facias is in these words: “THE STATE OF FLORIDA, To the Sheriff of Leon County — Ckeeting : Whereas at a Superior Court ol the Middle District of the Territory of Florida for the County of Leon, begun and hold at the Court…
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Writ of Error to Leon Circuit Court: The action below was by scire facias, to revivo a judgment rendered in the late Leon Superior (Territorial) Court on 21st November, 1842, in favor of Joseph F. C. Harley, and against David Brown, for $1,483. The scire facias is in these words: “THE STATE OF FLORIDA, To the Sheriff of Leon County — Ckeeting : Whereas at a Superior Court ol the Middle District of the Territory of Florida for the County of Leon, begun and hold at the Court House in the City of Tallahassee, on Monday the 14th day of November, 1842, and continued till and after Monday the 21st…
1DissentBaltzell, Justice
The objection which has occasioned the reversal of the judgment and dismissal of the writ in this case is to the words ‘ the said Court’ which are construed to mean the Superior Court. The precedent in Chitty will be found to be as follows: ‘ And now on behalf of the said A. B. in our said Court before us, we have been informed, &c.’ The variance would seem to he in the use of the word the for our, whilst the substitution of the latter in the writ would have obviated the difficulty.
We are at a loss, however, for the rule that confines the construction of an instrument to one word or a part of…
2Cases cited1 opinion
- Edwards v. Union Bank of FloridaSupreme Court of Florida · 1846