Hathorne v. Panama Park Co.

Citations

• 44 Fla. 194

Syllabus

<p>1| The provision of the constitution that “the right of trial by jury shall be secured to all and remain inviolate forever” guarantees such right only in those cases where at the time of the adoption of the constitution the law gave that right; and not in those cases where the right and the remedy with it, are thereafter created by statute, nor where the cause was already the subject of equity jurisdiction.</p> <p>2. Section 1744 of the Revised Statutes of Florida providing for enforcement of the liens of mechanics and material men by bill in equity is not in derogation of the provision of the constitution that “the right of trial by jury shall bq secured to all and remain inviolate forever.”</p> <p>S. The provision in section 1743 of the Revised Statutes that the lien in favor of a sub-contractor shall exist for the amount due by the owner to the contractor at the time of the service upon the owner, of notice of the sub-contractor’s claim of lien refers to the amount due by the owner on account of the improvements made by the contractor for the owner. Other indebtedness of the owner to the contractor at the.time of the service of such notice will not entitle the sub-contractor to a lien under this statute.</p> <p>4. A bill filed by a sub-contractor to enforce his lien, not praying discovery, but alleging facts upon which such lien is claimed, which does not make it appear that at the time of the service of the notice required by section 1743 Revised Statutes, any amount was due the contractor by the owner on account of the improvements made by the contractor for such owner, is demurrable.</p>