State ex rel. Garrison v. County Commissioners
Supreme Court of Florida
Appeal from the Circuit Court for Putnam county. The alternative writ represents that on July 6,1874, the. •County Commissioners of Putnam county laid out a certain road or highway leading from Palatka south to a point on the St. Johns river, known as Brown’s Landing, and such road has been ever since a public road, and known as the Brown’s Landing road, and that the relator, well knowing said road and the convenience of access to the town of Palatka which it gave to lands…
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Appeal from the Circuit Court for Putnam county. The alternative writ represents that on July 6,1874, the. •County Commissioners of Putnam county laid out a certain road or highway leading from Palatka south to a point on the St. Johns river, known as Brown’s Landing, and such road has been ever since a public road, and known as the Brown’s Landing road, and that the relator, well knowing said road and the convenience of access to the town of Palatka which it gave to lands lying along it, and induced largely by such' easy means of communication with Palatka afforded by the road to the said…
1Opinion of the CourtJustice Raney
I. The fourth ground of the demurrer introduces matter of fact which does not appear upon the face of the alternative writ, and is, therefore, not within the province of a demurrer, and cannot be considered. G-ould’s Pleading, Ch. 2., sec. 43 ; Ch. 9, sec. 2.
II. The proposition of law urged under the third ground of the demurrer is, that the municipal corporation of Palatka Heights has exclusive jurisdiction of that part of the Brown’s Landing road within its territorial limits. If the County Commissioners have been deprived of their jurisdiction over this part of the road by the…
2Cases cited9 opinions
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- State v. JonesTexas Supreme Court · 1857
- Farley v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1875
- Hall v. People ex rel. RogersIllinois Supreme Court · 1870
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
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- Stewart v. DeLand-Lake Helen Special Road & Bridge DistrictSupreme Court of Florida · 1916
- Florida Power Corporation v. Pinellas Utility Bd.Supreme Court of Florida · 1949
- Forbes Pioneer Boat Line v. Board of CommissionersSupreme Court of Florida · 1919
- State ex rel. Railroad Commissioners v. Atlantic Coast Line Railroad Co.Supreme Court of Florida · 1913
- Skinner v. HendersonSupreme Court of Florida · 1890
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