State ex rel. Kittel v. Jennings
Supreme Court of Florida
This case was decided by Division A. This is a case of original jurisdiction. Statement. On November 23rd, 1898, the relator sued out of this court an alternative writ of mandamus directed to the trustees of the Internal Improvement Fund of this State.
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This case was decided by Division A. This is a case of original jurisdiction. Statement. On November 23rd, 1898, the relator sued out of this court an alternative writ of mandamus directed to the trustees of the Internal Improvement Fund of this State. The facts therein suggested, stated as briefly as is requisite for the -purposes of the case, are that Joseph J. Kittell is the equitable owner and is justly entitled in law to demand and receive from the said trustees a deed of conveyance of the lands embraced in fractional unsurveyed section 16 of township 8 S. R. 8 W. in the county of…
1Opinion of the CourtHocker, J.
(after stating the facts). — The purpose of that part of section 1053 of the Revised Statutes which requires “the substantial matters of law intended to be argued” to be stated would seem to be evident. It was intended to direct the attention of the parties and the court to the specific propositions of law, which being applied to the facts of the pleading demurred to, would, to the extent of each such specific proposition, entitle the party demurring to the judgment of the court in his favor. When the substantial matters are thus stated, the parties come before the court with clear…
2Cases cited1 opinion
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