Legal Opinion

McLeod v. M. Ward, Close & Co.

Supreme Court of Florida

Decided July 1, 1860PublishedCited by 2 opinions

This case was transferred by consent of parties from Jacksonville, and was beard and determined at Marianna, the Hon. J. J. Finley, Circuit Judge, sitting in the place of the Hon. William A. Forward, Associate Justice, wlio was disqualified by reason of having been of Counsel in the Court below. For a statement of the facts of tlie case, reference is made to tlie opinion of tbe Court.

1Opinion of the CourtDuPONT, C. J.

At the Spring Term, 1857, of the Circuit Court of Marion county, a JHule Nisi was taken against the appellant, as Sheriff, to show cause why he should not be compelled to pay over to the appellees the amount of a certain writ off. fa. then in bis bands, wherein the said appellees were plaintiffs and J". II. Peck & Co. were defendants. To this rule the Sheriff answered in writing, denying, that be had collected any part of said execution, and assigned various reasons for his failure so to do. Amongst the reasons so assigned be stated that he bad ascertained from the record of deeds in the…

2Cited by2 opinions

  1. Johnson v. PriceSupreme Court of Florida · 1904
  2. Tedder v. MorrowSupreme Court of Florida · 1930

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