Brook v. Gale
Supreme Court of Florida
This is an appeal from the judgment of the Circuit Court for Duval county. Cale, plaintiff, sued Brock, defendant, to recover the value of a valise and its contents as the baggage of plaintiff, who was a tz’aveling dentist who took passage on defendant’s steamer Darlington, on the St. John’s river, the valise having been lost on or before the az*rival of the boat at its wharf in Jacksonville.
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This is an appeal from the judgment of the Circuit Court for Duval county. Cale, plaintiff, sued Brock, defendant, to recover the value of a valise and its contents as the baggage of plaintiff, who was a tz’aveling dentist who took passage on defendant’s steamer Darlington, on the St. John’s river, the valise having been lost on or before the az*rival of the boat at its wharf in Jacksonville. The valise, as alleged, contained a set of dentist’s instruments of more than ordinary value, ornaznented with gold and jewels, and some articles of clothing. The first count of the declaration was a…
1Opinion of the CourtRandall, C. J.
The first error assigned is, that the court refused to grant a continuance on defendant’s motion, made upon the ground, that the time of holding the court was not a legal terra, because a term was appointed by the law to be held on the same day in St. Johns county and Duval county in the same circuit.
If the ground of the motion was valid, to-wit : that there was no legal term being held, the court could not act at all, and therefore could not make an order of continuance. If the gi’ound of the motion was not valid, the continuance was properly refused. It is true that the court could not sit…
2Cases cited1 opinion
- Griffin v. . ColverNew York Court of Appeals · 1858
3Cited by22 opinions
- Poinsettia Dairy Products, Inc. v. the Wessel Co.Supreme Court of Florida · 1936
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Douglass Fertilizers & Chemical, Inc. v. McClung LandscapingDistrict Court of Appeal of Florida · 1984
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
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