Simpson v. Emelia J.
Supreme Court of Florida
This is an appeal from a judgment of the Circuit Court of the First Judicial Circuit of Escambia county, in which a demurrer to a complain t was overruled. The complaint alleged that Charles. Winters died on the first of October, A. D. 1858, leaving considerable estate and three children — Emelia J., who was then three years old, Erie, who was two, and Bichard 0., who was eight months. That he left no widow.
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This is an appeal from a judgment of the Circuit Court of the First Judicial Circuit of Escambia county, in which a demurrer to a complain t was overruled. The complaint alleged that Charles. Winters died on the first of October, A. D. 1858, leaving considerable estate and three children — Emelia J., who was then three years old, Erie, who was two, and Bichard 0., who was eight months. That he left no widow. That Lawrence E. Bronnum administered on the estate, and upon a final settlement on November 1, 1855, there were assets amounting to $6,804.33, subject to distribution. That on the 23d of…
1Opinion of the CourtWestcott, J.
It is insisted that the Circuit Court has not jurisdiction of this cause; that jurisdiction has attached in the county court, and that if any case is made, that is the proper forum to grant relief.
This complaint was filed under the Code, and the law of the Code must be the rule of decision to be applied to it. Under the Code a complaint is the means through which both the common law and chancery powers of the Circuit Court may be invoked, and the Circuit Court is- a court *38having general original jurisdiction in both common law and equity causes.
In this case Simpson, as guardian of these…
2Cases cited6 opinions
- Walker v. HallettSupreme Court of Alabama · 1840
- Skidmore v. DaviesNew York Court of Chancery · 1843
- Bulkley v. Van WyckNew York Court of Chancery · 1836
- Frierson v. TravisSupreme Court of Alabama · 1863
- Taylor v. KilgoreSupreme Court of Alabama · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pfeiffer v. KnappSupreme Court of Florida · 1879
- Fidelity Deposit Co. of Md. v. HoganSupreme Court of Florida · 1931
- In re RehearingSupreme Court of Florida · 1929
- Fiehe v. Householder Co.Supreme Court of Florida · 1929