Gibbs v. Drew
Supreme Court of Florida
Appeal from the Circuit Court for Gadsden county. This is a proceeding under the unlawful detainer statute brought by the appellants in the Circuit Court of Gadsden county against the respondent.
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Appeal from the Circuit Court for Gadsden county. This is a proceeding under the unlawful detainer statute brought by the appellants in the Circuit Court of Gadsden county against the respondent. The appellants, in their complaint, alleged that the respondent, “ as Governor and successor of Dennis Eagan, in the property hereinafter' mentioned, unlawfully and against their consent, withholds from them the possession of certain real estate, -known and described as follows: All that portion of the Jacksonville,' Pensacola and Mobile Railroad lying west of.the Quincy depot and extending thence…
1Opinion of the Court
Mt?.. Justice Westcott
delivered the opinion of the court.
While the statute regulating this special proceeding provides, “ that if it shall appear to the court at the return day of the summons that the defendant has been duly served with said summons, agreeable to the requirements of this act, it shall proceed, without further pleadings in writing, to empanel a jury for the trial of the cause,” still, in the very nature of things, the defendant may, in case he wishes to raise pure questions of law, adopt some method sp to do without the intervention of a jury. The method here ádopted was a…
2Cited by12 opinions
- Heller v. LutzSupreme Court of Missouri · 1914
- Leonard v. Baylen Street Wharf Co.Supreme Court of Florida · 1910
- R. E. Hughes v. Paul H. Chapman, Paul H. Chapman, Cross-Appellant v. R. E. Hughes, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1959
- Disston v. Board of TrusteesSupreme Court of Florida · 1918
- Liddon v. HodnettSupreme Court of Florida · 1886
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