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. After the demurrer of the respondents was overruled they filed an amended answer to the alternative writ setting up substantially the following facts: They admit that on September 28, 1850, the United States by act of 'Congress did grant to the State of Florida all swamp and overflowed lands in said State which remained unsold at the passage of the act, for the purposes of reclamation…
Read the full summary
This case was decided by Division A. This is a case of original jurisdiction. Statement. After the demurrer of the respondents was overruled they filed an amended answer to the alternative writ setting up substantially the following facts: They admit that on September 28, 1850, the United States by act of 'Congress did grant to the State of Florida all swamp and overflowed lands in said State which remained unsold at the passage of the act, for the purposes of reclamation and drainage, and that the State of Florida was authorized to designate and select the land of the kind and description…
1Opinion of the CourtHocker, J.
(after stating the facts). — In the case of Camp v. Hall, 39 Fla. 535, 22 South. Rep. 792, this court in discussing the functions of a demurrer in a common law action said: “In pleading, if the matter pleaded be in itself insufficient without reference to the manner of pleading it, the defect is one of substance; but if the only fault is in *316the form of alleging the matter, the defect is formal.” (7th headnote.) “In this State special demurrers in common law actions have been abolished, and no advantage can be taken of any defect which could formerly be reached by special demurrer only, i. e.,…
2Cases cited17 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Beecher v. WetherbySupreme Court of the United States · 1877
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- St. Paul & Sioux City Railroad v. Winona & St. Peter RailroadSupreme Court of the United States · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State ex rel. Ellis v. GerbingSupreme Court of Florida · 1908
- Martin v. BuschSupreme Court of Florida · 1927
- Hoopes v. CraneSupreme Court of Florida · 1908
- Everglades Sugar & Land Co. v. BryanSupreme Court of Florida · 1921
- Peacock v. FeasterSupreme Court of Florida · 1906
14 more not listed; retrieve them via the Exa API.