Putnam Lumber Co. v. Ellis-Young Co.
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Duval County. STATEMENT. On the 19th day of January, 1904, summons ad respondendum issued in behalf of the “Putnam Lumber Co., a corporation organized and existing under the laws of the State of Wisconsin,” against “The Ellis-Young Company, a corporation organized and existing under the laws of the State of Georgia,” commanding it to appear in due course to answer “in an action for trespass to real…
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This case was decided by Division A. Writ of Error to the Circuit Court for Duval County. STATEMENT. On the 19th day of January, 1904, summons ad respondendum issued in behalf of the “Putnam Lumber Co., a corporation organized and existing under the laws of the State of Wisconsin,” against “The Ellis-Young Company, a corporation organized and existing under the laws of the State of Georgia,” commanding it to appear in due course to answer “in an action for trespass to real estate^ and conversion of personal property, the damages being laid at ¡¡>25,000. The sheriff’s return on this summons is…
1Opinion of the Court
Cockrell, J.,
(after stating the facts.) For convenience we shall call the parties, plaintiff and defendant, according to the positions they occupied respectively in the Circuit Court and shall discuss the assignments in the chronological order in which the rulings were there made.
Did the court err in overruling the motion to quash the return of the service of the writ?
Generally speaking motions, as distinguished from pleas, are addressed to some discretionaly matter upon which the court’s action is requested or to some defect on the face of the record, while other matters are more properly…
2Cases cited12 opinions
- Little v. HarringtonSupreme Court of Missouri · 1880
- Greer v. YoungIllinois Supreme Court · 1887
- Taylor v. StateSupreme Court of Florida · 1905
- Byler v. JonesSupreme Court of Missouri · 1883
- Webb v. MullinsSupreme Court of Alabama · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ortell v. OrtellSupreme Court of Florida · 1926
- E. O. Painter Fertilizer Co. v. DuPontSupreme Court of Florida · 1907
- Hainlin v. BudgeSupreme Court of Florida · 1908
- Nolan v. MooreSupreme Court of Florida · 1920
- State Ex Rel. Schenley Distributors v. Civil Court of RecordSupreme Court of Florida · 1939