State, Ex Rel. v. Tedder, (1936)
Court: Supreme Court of Florida
Number:
Visitors: 27
Judges: ELLIS, P.J.
Attorneys: F.P. Fleming, J.W. Salisbury and C.H. Lichliter, for Relator;
Henry E. Williams, for Respondent.
Filed: Mar. 10, 1936
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 190 From the large amount involved in the common law action in which the point in controversy in this cause arose, and the size of the record and briefs, the case appears to be a most formidable one in its complexities and difficulties. The question involved is whether a Circuit Judge, in the circumstances stated in the pleadings, is without jurisdictional po
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 190 From the large amount involved in the common law action in which the point in controversy in this cause arose, and the size of the record and briefs, the case appears to be a most formidable one in its complexities and difficulties. The question involved is whether a Circuit Judge, in the circumstances stated in the pleadings, is without jurisdictional pow..
More
Regardless of whether or not the demurrer to the common counts was frivolous I think it was a fundamental departure from the essential requirements of the law for the court to adjudge it so on an ex parte hearing. Therefore, mandamus is properly used as a writ of procedendo to restore the cause to a course of orderly judicial procedure at the point where the departure from the essential requirements first occurred.
Source: CourtListener
