Jefferson County v. Hawkins

Citations

• 23 Fla. 223

Syllabus

<p>1. Tlie right to order separate records to be made up, and separate trials to be liad, is within the discretion of the Circuit Court Judge, and separate judgments may be rendered. The appellate court will not review a discretion unless there has been an abuse of it, or hardship has been the result of it.</p> <p>2. A valid bond cannot be paid by a void one. The debt is not extinguished by the void bond, and the debt created by the valid bond can be sued upon.</p> <p>3. Coupons bear interest after maturity. They bear the legal rate of interest at the time of their maturity, when no rate of interest is expressed in the coupon itself.</p> <p>4. A voluntary payment of money paid upon a claim of right, with full knowledge of all the facts, cannot be recovered back merely because the party at the time of payment was ignorant of or mistook tlie law as to its liability. Tbe illegality of the demand paid constitutes of itself no ground for relief, but there must be in addition some compulsion or coercion attending its assertion, which controls the conduct of the party making the payment.</p>