Legal Opinion

Fairchild v. House ex rel. Knight

Supreme Court of Florida

Decided January 15, 1882PublishedCited by 21 opinions

Appeal from the Circuit Court for Alachua county, to which the case was transferred from St. Johns county. The bill, as originally filed in this case, was brought by Lucinda M. House, a married woman, in her own name, and not by her next friend, against a judgment and execution creditor of her husband and the sheriff', who had advertised for sale property which she alleges was her property.

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Appeal from the Circuit Court for Alachua county, to which the case was transferred from St. Johns county. The bill, as originally filed in this case, was brought by Lucinda M. House, a married woman, in her own name, and not by her next friend, against a judgment and execution creditor of her husband and the sheriff', who had advertised for sale property which she alleges was her property. This property, she alleges, was furniture and materials and articles appertaining to a boarding-house in St. Augustine called the “ Sunnyside,” of which she was the licensed keeper, the licenses, as appear…

1Opinion of the CourtJustice Westcott

delivei’ed the opinion of the court.

The first question to be determined in this case is whether the Circuit Court of the Fifth Judicial Circuit had jurisdiction.

On the 21st November the bill was presented to the Judge of the Fourth Judicial Circuit, and on motion and petition of complainants, the Judge adjudicating and finding that he was disqualified, directed a transfer of the case to the Fifth Judicial Circuit. On the 23d of November the papers were filed in the clerk’s office of St. Johns county in the Fourth Circuit, and from thence were transferred to and filed in the clerk’s office of…

2Cases cited8 opinions

  1. Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
  2. State v. GleasonSupreme Court of Florida · 1868
  3. Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
  4. Price v. SanchezSupreme Court of Florida · 1858
  5. Dale v. RooseveltCourt for the Trial of Impeachments and Correction of Errors · 1826

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3Cited by21 opinions

  1. First National Bank of Leesburg v. Hector Supply Co.Supreme Court of Florida · 1971
  2. Board of Revenue v. MerrillSupreme Court of Alabama · 1915
  3. Blood v. HuntSupreme Court of Florida · 1929
  4. Pickett v. RussellSupreme Court of Florida · 1900
  5. Kahn v. WeinlanderSupreme Court of Florida · 1897

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