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State Ex Rel. Frank Cartmel

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eBook details

  • Title: State Ex Rel. Frank Cartmel
  • Author : Supreme Court of Florida
  • Release Date : January 12, 1922
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

WHITFIELD, J. -- A petition praying for a writ of prohibition filed herein in effect alleges that Cartmel obtained a judgment against the Casualty and Surety Company, in the Civil Court of Record for Duval County; that a new trial in the cause was denied by the trial judge; that an appeal was taken to the Circuit Court by the defendant; ""that in the said cause no writ of error has been sued out or returned to the Circuit Court for Duval County, Florida, but that the original files of the Civil Court of Record in said cause have been, as their petitioner is informed and believes and upon information and belief alleges, deposited in the Circuit Court of Duval County, Florida, together with a certified copy of the judgment in the Civil Court of Record above mentioned, and that the said Aetna Casualty & Surety Company is acting in pursuance of Chapter 7841 of the Laws of 1919, page 125, which said supposed enactment is as this petitioner alleges void and in conflict with both the Constitution of the State of Florida and the Constitution of the United States in that it requires the appellate court to affirm or reverse the judgment appealed from as the justice of the cause shall require, without regard to any presumption being indulged in to support the correctness of the judgment appealed from and to issue its mandate to the lower court with its findings upon such appeal, contrary to the Third, Fourth and Twelfth Sections of the Declaration of Rights of the Constitution of the State of Florida and contrary to Section Eleven of Article V. of the Constitution of the State of Florida with respect to the jurisdiction of Circuit Courts, and contrary to Section One of


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