Curtis v. Howard
Supreme Court of Florida
Appeal from the Circuit Court for Leon county. STATEMENT. Appellants sued appellee in the Leon Circuit Court, process being made returnable rule day in April, 1889. On the day of the institution of the suit, counsel for plaintiffs made an affidavit that he had reason to believe that George, Edward and William C. Lewis, composing the banking firm of B. C. Lewis & Sons, in Tallahassee, Leon county, Florida, had in their possession and custody moneys belonging to defendant, and…
Read the full summary
Appeal from the Circuit Court for Leon county. STATEMENT. Appellants sued appellee in the Leon Circuit Court, process being made returnable rule day in April, 1889. On the day of the institution of the suit, counsel for plaintiffs made an affidavit that he had reason to believe that George, Edward and William C. Lewis, composing the banking firm of B. C. Lewis & Sons, in Tallahassee, Leon county, Florida, had in their possession and custody moneys belonging to defendant, and that affiant did not believe defendant would have in his possession visible property in said county and State upon…
1Opinion of the Court
Maisky, J.:
In transitory actions under our system it is entirely clear that a defendant, a natural person, has the privilege of having the cause tried in the county of his residence, or in the county where the cause of action accrued. McDougal vs. Lea, 2 Fla., 532. This privilege or right exists, not because the court has no jurisdiction unless the defendant resides in the county where suit is ^brought, or the cause of action accrued there, for, as a general rule, whenever the court has jurisdiction of the subject-matter personal service on the defendant within its territorial jurisdiction…
2Cases cited8 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Kenney v. GreerIllinois Supreme Court · 1851
- Bucki v. ConeSupreme Court of Florida · 1889
- Adams v. LamarSupreme Court of Georgia · 1850
- Russ v. MitchellSupreme Court of Florida · 1865
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- E. O. Painter Fertilizer Co. v. DuPontSupreme Court of Florida · 1907
- Payne v. IveySupreme Court of Florida · 1922
- Parkhurst v. StoneSupreme Court of Florida · 1895
- County of Santa Rosa v. TrobuckSupreme Court of Florida · 1919
- Baker & Holmes Co. v. Indian River State BankSupreme Court of Florida · 1911
7 more not listed; retrieve them via the Exa API.