Darden v. Lines
Supreme Court of Florida
At a Circuit Court, held in and'for the county of Gadsden, on the 16th day of November, 1848, the following decree was entered in this case : “ And now, on this sixteenth day of November, came the said complainants and defendants, by their respective solicitors and counsel; and thereupon it was agreed by counsel, that a decree pro forma shall be entered, sustaining the demurrer filed herein — so as not to exclude the Judge of this Court from sitting in this cause in the…
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At a Circuit Court, held in and'for the county of Gadsden, on the 16th day of November, 1848, the following decree was entered in this case : “ And now, on this sixteenth day of November, came the said complainants and defendants, by their respective solicitors and counsel; and thereupon it was agreed by counsel, that a decree pro forma shall be entered, sustaining the demurrer filed herein — so as not to exclude the Judge of this Court from sitting in this cause in the Supreme Court on the hearing thereof. “ It is, therefore, ordered, adjudged, and decreed, that the demurrer of the said…
1Opinion of the Court
Opinion by
Chief Justice Douglas :
This and other cases have been brought up to this Court, on decrees made in the Court below, by consent of parties, “ pro forma.” The professed object of the proceeding is, to avoid the provision of the Constitution of this State, which disqualifies the judge who decides a case in the Court below from sitting on the trial or hearing of it in this Court; and in other cases, to prevent the delay which would occur from the inability of some of the justices to sit in this Court, in consequence of their having been of counsel, or otherwise concerned in the case in…
2Cases cited12 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- Waller v. HarrisNew York Supreme Court · 1838
- United States v. SimmsSupreme Court of the United States · 1803
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lovett v. StateSupreme Court of Florida · 1892
- Shannon v. ShannonDistrict Court of Appeal of Florida · 1962
- State v. StevensDistrict Court of Appeal of Florida · 1990