State ex rel. Merchants National Bank v. Hull

Citations

• 37 Fla. 579

Syllabus

<p>1. The statute (sec. 1655 Rev. Stat.l providing for the sale of personal property of a perishable nature, or liable to great deterioration m value, or the cost of keeping same shall be greatly disproportionate to the value thereof, should be liberally construed, as its purpose is to benefit the parties to the litigation by preserving a fund in litigation and converting property liable to a total loss into money and retaining it until the final disposition of the case.</p> <p>2. The conversion of property of a perishable nature, or liable to great deterioration in value, or the cost of keeping the same greatly disproportionate to its value, into money to remain until the final termination of the case is not a disposition of the property in the sense of placing it beyond the control of the court, but the exercise of the power of preserving a fund in custodia legis until finally disposed of according to law, and the money arising from the sale takes the place of the property.</p> <p>. 3. A writ of error embraces all matters which the judgment brought up for review covers, and great care must be observed in determining what is independent and distinct matter not embraced within the adjudication. The writ does not of itself reverse the judgment, and until its propriety is finally determined by the appellate court, no proceedings can be had in the trial court that will undo what has been there adjudicated; but the mere change of the name or character of perishable property attached, pending a writ of error sued out frcm a final judgment dissolving an attachment and dismissing the suit will not undo the decision of the trial court or affect any question connected with the judgment brought up for review.</p> <p>4. After writ of error and supersedeas from a final judgment dissolving an attachment and dismissing the suit have been perfected the property attached and still remaining in the hands of the sheriff may be sold under section 1655 Rev. Stat., provided the conditio