Wilson v. Fridenberg
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval county. This is a writ of error to the Circuit Court for Duval county, where final judgment was entered in the Clerk’s office, the demurrer to the defendant’s pleas having been sustained by an order of Judge Yann, of the Third Circuit, in the absence from the State of Judge Baker of the Fourth Circuit.
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Writ of Error to the Circuit Court for Duval county. This is a writ of error to the Circuit Court for Duval county, where final judgment was entered in the Clerk’s office, the demurrer to the defendant’s pleas having been sustained by an order of Judge Yann, of the Third Circuit, in the absence from the State of Judge Baker of the Fourth Circuit. The action was brought by the defendant in error against the plaintiff in error upon an instrument under seal, of which the following is a copy: “Jacksonville, Fla., November 18, 1878. “ Two years from date we promise to pay Phoebe Fridenburg six…
1Opinion of the CourtJustice Raney
I. The first assignment of error is in the ruling and order of the Circuit Court sustaining the demurrer to the pleas of the defendant, James Y. Wilson.
It is contended on behalf of the plaintiff’ in error that looking at the several writings, the bond and the mortgage, and the order of the Circuit Court authorizing their execution, including the petition upon which the order is founded, there is no personal liability upon his part; that a contract is to be expounded and carried into effect according to the intention of the parties, and this intention is to be collected from the whole…
2Cases cited16 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- United States v. PriceSupreme Court of the United States · 1850
- Mitchell v. HazenSupreme Court of Connecticut · 1823
- Wilson v. FridenbergSupreme Court of Florida · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Wilkie v. RobertsSupreme Court of Florida · 1926
- Dorse v. Armstrong World Industries, Inc.Supreme Court of Florida · 1987
- State v. Seaboard Air Line RailwaySupreme Court of Florida · 1908
- Bryce Et Ux. v. BullSupreme Court of Florida · 1932
- Royal Phosphate Co. v. VanNessSupreme Court of Florida · 1907
6 more not listed; retrieve them via the Exa API.