Bucky v. Willard

Citations

• 16 Fla. 330

Syllabus

<p>1. The provisions of Sections 43 and 44 of Chapter 2040, Laws of 1875, which authorize the filing of a transcript of the judgment of a ¿Justice of the Peace in the office of the clerk of the Circuit Court, and the entry of a memorandum of the filing of such transcript in the judgment docket, and the issuing of execution on such judgment by the clerk, are hold to be not in conflict with Section 8 of Article VI. of the Constitution. The proceeding does not call into action or depend upon the jurisdiction of the Circuit Court Whether the judgment so docketed becomes “ a- judgment of the Circuit Court,” is a question not necessarily involved, as the statute may be operative without reference to it.</p> <p>2. A part of a statute, or section of a statute, may be unconstitutional and void without affecting the validity of other parts, if they be not dependent upon each other.</p> <p>3. Whether a Circuit Court has the power to set aside an execution issued by the clerk upon a transcript of a justice’s judgment: quere? (See Th. Dig., 360, Sec. 0.)</p> <p>Westcott, J., dissenting, thought the judgment should have been reversed and the case remanded with directions to quash the writ.</p>