Louis Brandeis

“ Thus the stock purchased was paid for; the Jasper bank made discounts and received deposits; the insurance company raised capital and had it paid up-all without anybody parting with a cent in cash. Under this arrangement many citizens of Jasper bought stock in the insurance company. In time their notes, and likewise the corresponding certificates of deposit, matured. The purchasers of the stock discovered that it was worthless, and that they had been defrauded ”

“ The right to review an interlocutory order by a separate appeal is conferred broadly by section 1908 of the General Statutes of Florida; and there is nothing to indicate that the right does not extend to orders concerning jurisdiction. It certainly may not be assumed that the Legislature intended that exercise of the right conferred should operate as a general appearance, and thus render moot a consideration of the ruling alone sought to be reviewed. ”

“ Moreover, in none of the cases from the Supreme Court of Florida relied upon was it shown that the appearance on appeal was in terms special and limited to the review of the question of jurisdiction. [1]
The contention that the proceeds of the discounts of the notes constitute a res within the state, of which the certificates of deposit were merely evidence, rests upon a misapprehension. No specific fund was ever set apart by the Jasper bank. Its discounts resulted in general credits by the bank to the makers of the notes. These credits were applied in making payment for their stock. ”