Court may or der an adjourn. ment of cause. 9 Fla., 490. 12 Fla., 562. Notice to admit facts, or material allegation or other cause, the party whose pleading is alleged or adjudged to be therein defective, may suggest the existence of the omitted fact or facts, or other matter, which, if true, would remedy the alleged defect; and such suggestion may be pleaded to by the opposite party within such time as the court or a Judge may allow; and the proceedings for a trial of any issues joined upon such pleadings shall be the same as in ordinary actions. (w) (1) SEC. 107. It shall be lawful for a court or Judge at the trial of any cause, where they or he may deem it right for the purposes of justice, to order an adjournment for such time, and subject to such terms and conditions as to costs and otherwise as they or he may think fit. (x) SEC. 108. Either party may call on the other party by notice document proof to admit any document, saving all just exceptions; and in case of refusal or neglect to admit, the cost of proving the document shall be paid by the party refusing or neglecting, whatever the result of the cause may be, unless at the trial the court shall certify that the refusal to admit was reasonable; and no cost of proving any documents shall be allowed unless such notice be given, except in cases where the omission to give notice is, in the opinion of the court, a saving of expense. (y) 9 Fla., 71. Sureties paying debt en titled to control judgment. 2 Fla., 483. 7 Fla., 284. Judgment and execution to preserve lien. Suits for contribution may be brought in certain cases. SEC. 109. Any person or persons paying money as sureties for the principal in any bond or note, for which he or she has signed as sureties, upon which judgment has been obtained by any court having jurisdiction thereof, shall have the same right to control and re-collect the same amount, with principal, interest and cost thereon, as the plaintiff had when judgment was obtained. (z) SEC. 110. Every judgment and the execution issued thereon shall have the same lien on the property of the said principal as though the surety were the original plaintiff. (z) SEC. 111. When any person shall execute any bond, note, draft or bill of exchange in this State, and any two or more persons shall also execute the same jointly with him, and merely as his or their sureties, or shall endorse any note, draft or bill of exchange as sureties for the maker or drawer thereof and for his accommodation, and without any consideration, said persons shall be bound each to the other for a proportional 2 Fla., 508-574. contribution of the amount of said bond, note, draft or bill of exchange; and if any one or more of said persons be compelled to pay any part of said bond, note, draft or bill of exchange, he or they shall have his or their remedy by suit against his or their co-surety or co-sureties for contribution, and may sue 15 Fla., 553. 16 Fla., 519. (w) Sec. 48, Chap. 1096, Act of Feb. 8, 1861. (x) Sec. 51, Chap, 1096, Act of Feb. 8, 1881. (y) Sec. 41, Chap. 1096, Act of Feb. 8, 1861. (z) Secs. 1 and 2, Chap. 735, Act of Dec. 15, 1855. (1) 1 Fla., 447; 2 Fla., 9; 4 Fla., 209; 13 Fla., 501; 16 Fla., 198; 1 Fla., 189, 281; 5 Fla.. 504; 7 Fla., 318; 8 Fla. 162, 299, 356, 391; 9 Fla., 265, 382, 481; 12 Fla., 552; 14 Fla., 73, 74, 375; 16 Fla., 708, 69, 617. Judgment nunc pro tune, 11 Fla., 300. Judgments generally, 11 Fla., 307; 12 Fla., 272; 15 Fla., 318; 16 Fla., 196; 6 Fla., 546; 16 Fla., 677. separately or jointly to enforce the payment of the same; and the defendants, if more than one, may be sued separately or jointly, and where it may be necessary the person or persons claiming such contribution may proceed by attachment as in other cases. (a) taining change SEC. 112. In all suits cognizable in the Circuit Courts, when Causes and either of the parties shall fear that he will not receive a fair mode of obtrial in the court where it is depending, on account of the of venue. Judge of the court where the suit is depending being interested or prejudiced, or that the adverse party has an undue influence over the minds of the inhabitants of the county where the suit is depending, or that the petitioner is so odious that he cannot expect a fair trial, the said party may petition the Judge of the court for a change of the venue of such cause, distinctly setting forth the cause of such fear and supported by his affidavit or affirmation, previous notice of such application and of the time and place of hearing the same being given to the adverse party or his attorney; on which petition the Judge may under his hand award a change of venue and order the clerk of the court, where the suit is depending, to send forward the papers in the suit, by some fit person to the Circuit Court of the next convenient county or district, as the Judge may direct; and the clerk of such court shall receive them, and give a receipt therefor, and docket the suit in order, and the court shall have full authority and jurisdiction to award subpœnas for witnesses, and to enforce their attendance, to grant rules and commissions for the taking of depositions, to hear and determine the said controversy, to award execution, and to do everything relating thereto, which the court from which the suit was removed might have done: Provided, That no change of venue shall take place, so as to have the cause sent to either of the counties where the parties or either of them reside, nor shall there be more than one removal of the same cause. (c) SEC. 113. Whenever any cause may be pending in any of the Cause may be Circuit Courts of this State, and the same cannot be heard, transferred. tried or determined by reason of the disqualification of the Judge of such court to hear and determine the same, it shall be lawful for either party thereto to present his petition to such Judge, praying that said cause be transferred to some 11 Fla., 143. other Circuit Court, and it shall be the duty of the Judge so disqualified to have said cause removed to some court in the next nearest Circuit; but if the Judge in the nearest Circuit be also disqualified, some other Circuit shall be selected for that purpose. (d) SEC. 114. Whenever a cause is removed under the provisions of this chapter, the testimony of the witnesses residing in the county from which it is removed, may be taken in the manner (a) Sec. 1, Act of Feb. 14, 1835. (c) Sec. 37, Act of Nov. 23, 1828. (d) Sec. 1, Chap. 373, Act of Jan. 24, 1851. 14 Fla., 264. Witnesses. Clerk shall transfer papers. When Judge disqualified, &c. 13 Fla., 337. Fraudulent removal of property in fitigation. Defendant may plead contradictory pleas. Number of challenges. provided by law for taking the testimony of witnesses residing out of the county in which any suit is pending. (d) SEC. 115. On the removal of a cause by virtue of this chapter, it shall be the duty of the clerk of the court in which such cause was pending, to transmit all papers in his office belonging thereto to the clerk of the court to which said cause may be ordered to be transferred, together with a certificate of the order of transfer, provided the party applying for the transfer shall first pay all costs which have accrued in such cause. (d) SEC. 116. Whenever the Judge of a Circuit Court shall be unable, from absence, sickness or other cause, or shall be disqualified from interest or any other cause to discharge any duty whatever appertaining to his office, which may be required to be performed in vacation or between terms, it shall be the duty of any other Circuit Judge, on the application of any party, to perform such duties, and hear and determine all such matters as may be submitted to him; and such Judge may discharge said duties either in his own or any other Circuit, and shall be substituted in all respects in the place and stead, in the matter aforesaid, of the Judge unable or disqualified to act. (d) SEC. 117. If any person having possession or control of any personal property, the title to which may be in litigation in any court of law or chancery in this State, shall fradulently remove, or attempt fraudulently to remove, any such property beyond the jurisdiction of such court, or sell the same without giving actual notice of such litigation, for the purpose of evading the effect of any decision such court might make, he or she so offending, or his or her aiders and abettors, shall forfeit all right, title, interest, or claim which the party so offending shall or may have in or to such property. (e) SEC. 118. In all cases the defendant or defendants may plead as many matters of law or fact, as he, she or they may deem necessary to his, her or their defence; and it shall be no objection to any plea that it is contradictory to any other plea filed by the same party in the same cause. (f) * SEC. 119. On the trial of any civil cause in any of the Circuit Courts of this State each party shall be entitled to three peremptory challenges of jurors empanelled in said cause. (g) SEC. 120. Printed copies of private acts of the General AsNeed not plead sembly may be given in evidence in any judicial proceeding without being specially pleaded. (h) private acts. May be taken to view premises, when. SEC. 121. The jury may in any case at the request of either party be taken to view the premises or place in question, or any property, matter or thing relating to the controversy be (d) Secs. 2, 3 and 4, Chap. 373, Act of (e) Sec. 6, Act of March 4, 1842. (g) Sec. 33, Chap. 1628, Act of Aug. 1, 1868. (h) Sec. 6, Act of Nov. 12, 1828. [*This section is to a certain extent repealed. The court will compel party to elect which plea he will rely upon and strike out others; H. S. Sanford vs. Aaron Clond, 17 Fla.. Jannary term, 1880.-COM.] tween the parties, when it shall appear to the court that such view is necessary to a just decision: Provided, The party making the motion shall advance a sum sufficient to defray the expenses of the jury and the officers who attend them in taking the view, which expense shall afterwards be taxed like other legal costs if the party who advanced them shall prevail in the suit. (i) property SEC. 122. Either party shall be at liberty to apply to the Order for in court or a Judge for a rule or order for the inspection by the spection of jury, or by himself, or by his witnesses, of any real or personal by jury. property, the inspection of which may be material to the proper determination of the question in dispute; and the costs of the said rule or order and the proceedings therein shall be in the discretion of the court. (j) Rate. SEC. 123. Damages on foreign protested bills of exchange 14., 523 202shall be at the rate of five per cent. (k) 122-372. CHAPTER 163. PLEADINGS AND PRACTICE-APPEALS. 1. Appellate jurisdiction of Supreme Court. 8. Mode of taking appeal or certiorari by officers, deputies, &c., 2. Appeals may be granted in all from rule of court. cases. 3. Original plaintiff to pay costs and give bond; defendant to give bond to cover judgment and costs. 4. All orders, &c., of Circuit Courts may be assigned as causes of error. 5. Causes of error, how assigned. 6. When application for appeal to be stated on the record; when twenty-five days' notice to be given appellee. 7. By whom appeal bonds approved. 9. Bond with sureties to be given. 10. Appellant must file in Supreme Court a record of all the proceedings; appeal may be dismissed if record not filed. 11. When assignment of errors to be filed. 12. Duty of Appellate Court in trials of appeals. 13. Judgments Court, how enforced. of Supreme 14. Damages to be given on appeals for delay. SECTION 1. The Supreme Court shall have appellate jurisdic- Appellate juristion in all cases at law, and in equity, commenced in Circuit diction of the Courts, and of appeal from the Circuit Court in cases arising Supreme Court. in the County Court as a Court of Probate, and in the management of the estates of infants, and in all criminal cases com (i) Sec. 28, Chap. 1628, Act of Aug. 1, 1868. (j) Sec. 63, Chap. 1096, Act of Feb. 8, 1861. (k) Sec. 1, Act of Feb. 17, 1833. Appeal granted in all cases. Original plaintiff to pay costs and give bond, &c. Defendant to give bond, &c. What may be assigned as cause of error. menced in the Circuit Court. The court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its jurisdiction. (a) (1) SEC. 2. If a party in either of the Circuit Courts of this State shall feel aggrieved by a final judgment, sentence or decree, made or pronounced by any or either of said courts, it shall and may be lawful for such party, during the session of the court at which such judgment, sentence, or decree is rendered or pronounced or within thirty days thereafter, to obtain in court, if the appeal be made in term time or in the clerk's office, if it be in vacation, his, her, or their appeal to the Supreme Court of this State; and an appeal obtained, shall, in all cases, operate as a supersedeas.* (b) (2) SEC. 3. No appeal or writ of error shall hereafter be granted to the original plaintiff in any suit, unless said plaintiff shall first pay all costs which may have accrued in and about said suit, up to the time when said appeal or writ of error is prayed; and also enter into bond with one or more securities, in a sum sufficient to cover all the costs which may accrue in the prosecution of said appeal or writ of error, conditioned to pay the same, if the judgment, sentence, or decree of the court shall be affirmed; (c) and if defendant, a bond shall be given with one or more securities in a sum sufficient to cover the amount for which judgment has been given, decree rendered, or sentence pronounced, together with costs, conditioned that the appellant shall pay the debt, damages, or condemnation, and costs, in case the judgment, sentence, or decree of the Circuit Court shall be confirmed by the said Supreme Court. (d) (3) SEC. 4. All orders and judgments of the Circuit Courts of this State, made and passed in any cause therein, wherein the said courts shall allow and grant, or shall refuse to allow and grant any motion for new trial, or any motion to amend the pleadings, or to file new or additional pleadings, or to amend the record of any cause during the term of the court in which it was determined, or shall refuse to allow and grant a motion 9 Fla., 481-506- for continuance of the cause, shall and may be assigned for matter and cause of error, upon any appeal taken to the Supreme Court, and the said Supreme Court shall hear and de 14 Fla., 73. 526. (a) Sec. 5, Art. 6, Const. of 1888. (e) Sec. 1, Act of Feb. 12, 1836. (1) 6 Fla., 302, 303, 376; 7 Fla., 9, 304; 10 Fla., 311; 13 Fla., 670; 14 Fla., 44; 15 Fla., 400, 574, 690, 201; 16 Fla., 328, 554; 16 Fla., 829; 10 Fla., 198; 16 Fla., 156. (2) 1 Fla., 1, 155, 392; 5 Fla. 234; 13 Fla., 110, 592, 593; 14 Fla., 187; 14 Fla., 200; 15 Fla., 201; 16 Fla., 495, 158; 17 Fla., 280. (3) 1 Fla., 72; 2 Fla., 23, 534; 13 Fla., 593; 16 Fla., 156, 401; 17 Fla., 236; 5 Fla., 234. For matters of new trial, see 4 Fla., 284; 5 Fla., 407; 6 Fla., 214; 7 Fla., 318; 8 Fla., 162, 214, 299, 391, 435; 9 Fla., 269; 12 Fla., 640; 13 Fla., 501; 14 Fla., 47, 130, 325; 16 Fla., 198, 564, 69, 76, 338, 368, 396, 409, 416, 554, 673, 676; 16 Fla., 677. [*All appeals in chancery cases do not necessarily operate as a supersedeas. See Chapter 17 of this Digest.-COMP.] |