Thalheim v. Camp Phosphate Co.
Supreme Court of Florida
This case was decided by the court En Banc. Writ of error to the Circuit Court for Marion county. Statement. On the 27th day of September, 1904, L. Paul Jumeau as administrator of the estate of Achille Laurent, deceased, one of the plaintiffs in error, filed a petition in this court for a rule nisi against Augustus T. Priest as Sheriff of Citrus county.
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This case was decided by the court En Banc. Writ of error to the Circuit Court for Marion county. Statement. On the 27th day of September, 1904, L. Paul Jumeau as administrator of the estate of Achille Laurent, deceased, one of the plaintiffs in error, filed a petition in this court for a rule nisi against Augustus T. Priest as Sheriff of Citrus county. In substance, the petition recited that the defendants in error, William N. Camp and Clarence Camp as partners under the firm name of Camp Phosphate Company, as plaintiffs, obtained a verdict in the Circuit Court of Marion county against Carl…
1Opinion of the CourtShackleford, J.
(after stating the facts).—The sole question presented to us for decision is as to what effect the perfecting of the supersedeas had upon the right of possession to the phosphate rock so levied upon by said sheriff. Was the petitioner entitled to the return of said rock and said check? If so, then the respondent is technically, at least, guilty of contempt. It can hardly be contended that his conduct was intentionally and wilfully contumacious; if guilty of disobedience at all, his disobedience is qualified by circumstances which should fairly exempt him from serious blame. Strickland…
2Cases cited14 opinions
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