Legal Opinion

Smoot v. Strauss

Supreme Court of Florida

Decided June 15, 1885PublishedCited by 3 opinions

Appeal from the Circuit Court for Jefferson County. The following opinion was delivered at the January term, 1885, but a petition for re-hearing having been died at the same term, it was taken under consideration by the court, and the decision thereon was rendered at the June-term, 1885. Therefore the case is reported with those of the-latter term. The facts of the case are stated in the opinion.

1Opinion of the Court

The Chief-Justice

delivered the opinion of the court:

This suit was instituted -by appellants in the Circuit Court of Jefferson county, to recover rent for a store house in the town of Monticello, for the year expiring March 81st, 1883.

The proceeding was under the act of March 11th. 1879,. McC.’s Digest, 701 and 702. This act provides that any person to whom rent may be due, or his agent or attorney, shall be entitled to a distress warrant against the property of the defendant upon making an affidavit before the proper officer in the county in which the land rented lies,, stating the amount or…

2Cases cited4 opinions

  1. May's Executors v. SeymourSupreme Court of Florida · 1880
  2. Gale v. HinesSupreme Court of Florida · 1880
  3. Betton v. WillisSupreme Court of Florida · 1847
  4. Logwood v. President of the Planter's & Merchant's Bank of HuntsvilleSupreme Court of Alabama · 1820

3Cited by3 opinions

  1. East Coast Stores, Inc. v. Cuthbert Et Ux.Supreme Court of Florida · 1931
  2. Ecker v. IsaacsSupreme Court of Minnesota · 1906
  3. Hodges v. CookseySupreme Court of Florida · 1894

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