Legal Opinion

West v. Woolfolk

Supreme Court of Florida

Decided January 15, 1885PublishedCited by 2 opinions

Appeal from the Circuit Court for'Jackson county. In the month of December, 1883, Theophilus West, the plaintiff below and appellant here, filed in the clerk’s office of the Circuit Court in and for the county of Jackson his affidavit for an attachment, as follows: “ State oe Florida, Jackson County, “ Before me personally came Theophilus West, who being duly sworn, deposes and says that Joseph W. Woolfolk is indebted to him, the said Theophilus West, in the sum of four…

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Appeal from the Circuit Court for'Jackson county. In the month of December, 1883, Theophilus West, the plaintiff below and appellant here, filed in the clerk’s office of the Circuit Court in and for the county of Jackson his affidavit for an attachment, as follows: “ State oe Florida, Jackson County, “ Before me personally came Theophilus West, who being duly sworn, deposes and says that Joseph W. Woolfolk is indebted to him, the said Theophilus West, in the sum of four hundred and twelve dollars. That said amount is an actually existing debt, and will become due and payable on the 1st day of…

1Opinion of the CourtJustice VanValkenburgh

The question is, did the Circuit Court of Jackson county acquire jurisdiction by virtue of the affidavit and other proceedings to issue the writ of attachment? Tt is a case where the court acquires special jurisdiction derived from and exercisable only according to statute, and has the power to take such judicial action only through the modes of procedure prescribed by the statute. In other words, the jurisdiction is extraordinary, “ that is, such as is provided by statute for exceptional cases, and are available only under particular circumstances designated by statute;” “ where a court or…

2Cases cited3 opinions

  1. Stout v. FolgerSupreme Court of Iowa · 1871
  2. Griffith v. RobinsonTexas Supreme Court · 1857
  3. Levi v. DarlingIndiana Supreme Court · 1867

3Cited by2 opinions

  1. Strong v. Lake Weir Chautauqua & Lyceum Ass'nSupreme Court of Florida · 1889
  2. Baca v. CouryNew Mexico Supreme Court · 1922

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