Johnson v. Price
Supreme Court of Florida
This case was decided by the court Bn Banc. This is a case of original jurisdiction. Statement. On May 6th, A. D. 1902, this court rendered a judgment for $20.55 costs against William Atkins in favor of James E. Johnson in a cause wherein James E. Johnson was plaintiff in error and William Atkins as surviving partner was defendant in error (44 Ela. 185, 32 South. Rep. 879). On October 1st, 1903, an execution for said sum was issued by the clerk of this court.
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This case was decided by the court Bn Banc. This is a case of original jurisdiction. Statement. On May 6th, A. D. 1902, this court rendered a judgment for $20.55 costs against William Atkins in favor of James E. Johnson in a cause wherein James E. Johnson was plaintiff in error and William Atkins as surviving partner was defendant in error (44 Ela. 185, 32 South. Rep. 879). On October 1st, 1903, an execution for said sum was issued by the clerk of this court. On March 2nd, 1904, a motion was made in this court by Johnson under section 1250, Revised Statutes, to amerce John Price, the sheriff…
1Opinion of the CourtHocker, J.
(after stating the facts). — The sheriff of the county in which the court is held is the sheriff of this court. Section 1322, Rev. Stats, of 1892.
The sheriff of Duval county is ex officio a deputy of the sheriff of this court. Section 1324, Rev. Stats.' of 1892.
Each sheriff is required in person or by deputy to execute all process of this court to be executed in the county. Section 1241, Rev. Stats, of 1892.
The return does not question the regularity of the execution, or the constitutionality of the section (section 1250, R. S. 1892) on which this proceeding is based. In the briefs of the…
2Cases cited5 opinions
- Wiggins & Johnson v. WilliamsSupreme Court of Florida · 1895
- Love v. WilliamsSupreme Court of Florida · 1851
- Estes v. LongSupreme Court of Missouri · 1880
- Milburn v. State ex rel. RaySupreme Court of Missouri · 1847
- McLeod v. M. Ward, Close & Co.Supreme Court of Florida · 1860
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- Sweat v. WaldonSupreme Court of Florida · 1936