61 Fla. 470 | Fla. | 1911
Columbus Welch, T. B. Ferrell by his attorney E. C. Welch, and Mrs. A. N. Ferrell, by her agent Columbus Welch, filed an amended petition in the Circuit Court of Jackson County, alleging they were land owners and citizens of the incorporated town of Cottondale, having less than, one hundred and fifty qualified electors. They allege that said town owing to the extent of its territory has embraced within its corporate limits certain lands belonging to petitioners, which is used for farming-purposes, vis: the growing of corn, cotton and other agricultural products; that a portion of said land is wood
It is alleged in the answer that a part of the territory petitioners seek to exclude from the corporate limits is within one or two hundred yards of the center of the town, and probably within one hundred yards of the depot of the Louisville & Nashville Railroad Company; that part of it comes up to and joins the most popular street crossing the Louisville & Nashville Railroad; that a greater part of the territory sought to be excluded is inhabited by citizens of the town, and a part of it in the business district; that some part of said territory is used for agricultural purposes, but it is considered necessary for the protection of the citizens of the town from rowdyism that all the territory immediately adjacent to the business part and dwelling districts be incorporated so as to have police protection; that Columbus Welch owns the greater part of the territory sought to be excluded;
The answer also alleges that the territory sought to be excluded has received its fair proportionate share of municipal government.
Testimony was taken by the Circuit Judge and on a hearing he dismissed the petition at the costs of the petitioners. A motion for a new trial was made and overruled, exception noted, and a writ of error sued out.
The grounds of the motion for a new trial are:
1st. That the decision is contrary to the law and not supported by the law.
2nd. That the decision of the court is not in conformity with the statute.
3rd. That the decision of the court is not supported by the statute.
This motion presents the only questions before us. There is no ground attacking the decision because not supported by the evidence, or as being against the evidence or weight of evidence. No questions of law were raised before the Circuit Court, and none here except in the application of general principles to the evidence. The proceeding seems to have been in all respects in conformity with section 1073 General Statutes of 1906. While there was a conflict in the testimony, there was abundant evidence to sustain the decision, and we can discover no