Florida Central & Peninsular Railroad v. Bear
Citations
- 43 Fla. 319
Syllabus
<p>1. Proceedings for condemnation of property under the power of eminent domain are governed and controlled by the statutes authorizing them, and these statutes must be strictly construed and substantially complied with in all proceedings instituted thereunder.</p> <p>2. Under section 1555 Revised Statutes the petitioner in condemnation proceedings is required within ten days after the rendition of judgment to pay into court for the use of tlie defendant tlie compensation ascertained by tlie jury unless further time be allowed by the court, or else the proceedings including the judgment will be null and void, even though petitioner is thereby seeking to condemn property already in its possession; and where default in such payment is made, a writ of error thereafter sued out from such judgment will be dismissed by the appellate court.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- a defendant is not charged with a new crime when the date in the indictment is merely corrected in order for the original charge to stand
- where the date on an indictment was immaterial, and the indictment as amended did not charge the defendant with a new or additional crime, Article I, section 14 concerns are not implicated
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.