Bucky v. Willard
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. Willard recovered a judgment against Bucky for seventy-three dollars before a justice of the peace of Duval county, and filed a transcript thereof in the office of the clerk of the circuit court of that county, and the judgment was entered in the docket of circuit court judgments, and the clerk then issued an execution under which the sheriff was about to proceed, when defendant made his affidavit that the execution was issued…
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Appeal from the Circuit Court for Duval county. Willard recovered a judgment against Bucky for seventy-three dollars before a justice of the peace of Duval county, and filed a transcript thereof in the office of the clerk of the circuit court of that county, and the judgment was entered in the docket of circuit court judgments, and the clerk then issued an execution under which the sheriff was about to proceed, when defendant made his affidavit that the execution was issued illegally, because no legal execution could issue from the circuit court upon a judgment rendered by a justice of the…
1Opinion of the Court
The Chief Justice
delivered the opinion of the court..
Jurisdiction is defined to be an authority or power which a man hath to do justice in causes of complaint brought before him. Tomlin’s Law Dic., 6 Peters, 709. “Any movement by a court is necessarily the exercise of jurisdiction. If the law confers the power to render a judgment or decree, then the court has jurisdiction. What shall be adjudged or decreed between the parties, and with which is the right of the case, is judicial action by hearing and determining it.”'' 12 Peters, 718; 2 How., 338.
The Circuit Court was not invoked in the…
2Cases cited1 opinion
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
3Cited by5 opinions
- Gwynn v. HardeeSupreme Court of Florida · 1926
- State ex rel. Wallace v. BakerSupreme Court of Florida · 1882
- Palmer v. ParkerSupreme Court of Florida · 1906
- Ferrell v. ReedSupreme Court of Florida · 1910
- State ex rel. Buford v. WatkinsSupreme Court of Florida · 1923