Jacksonville & Atlantic Railroad v. Woodworth
Supreme Court of Florida
Writ of Error to the Circuit Court for Duval county. STATEMENT. The declaration alleges that the railroad company was on the first day of January, 1886, indebted to Woodworth, the plaintiff, defendant in error, for work done and materials furnished by him at its request, in the sum of $1,674.47, on which was paid on February 1, 1886, the sum of $540.42, and on May 28th of the same year, the sum of $364.85, leaving the sum of $77o due.
Read the full summary
Writ of Error to the Circuit Court for Duval county. STATEMENT. The declaration alleges that the railroad company was on the first day of January, 1886, indebted to Woodworth, the plaintiff, defendant in error, for work done and materials furnished by him at its request, in the sum of $1,674.47, on which was paid on February 1, 1886, the sum of $540.42, and on May 28th of the same year, the sum of $364.85, leaving the sum of $77o due. There is also a similar count for money paid, and a count on account stated, leaving the same balance due. The account filed with the declaration debits the…
1Opinion of the CourtRaney, C. J.
I. The first assignment of error in this case is, that the praecipe for the summons ad respondendum was not recorded as required by law. The statute, section 4, page 811, McClellan’s Digest, makes it the duty of the clerks of the Circuit Court to transcribe “ into their memorandum books ” each praecipe before issuing the original writ of summons. If any advantage can be taken by a defendant of the failure of the Clerk to perform this duty, it must be done in the Circuit Court, and at least before a general appearance to the writ. Certainly the objection cannot be raised primarily in the…
2Cases cited7 opinions
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
- Cooke v. MurphyIllinois Supreme Court · 1873
- Miller v. WhiteSupreme Court of Florida · 1887
- J. P. Sanderson & Co. v. HaganSupreme Court of Florida · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Duval County v. Charleston Lumber & Manufacturing Co.Supreme Court of Florida · 1903
- Bailey v. MartinCourt of Appeals of Georgia · 1960
- Wiggin v. Marsh Lumber Co.West Virginia Supreme Court · 1915
- Redmond v. W. M. Donaldson & Co.Supreme Court of Florida · 1895
- Indian River Construction Co. v. City of JacksonvilleDistrict Court of Appeal of Florida · 1977