Jacksonville, Tampa & Key West Railway Co. v. Boy

Citations

• 34 Fla. 389

Syllabus

<p>1. The Supreme Court has power to review and quash, on the com-' mon law writ of certiorari, the proceedings of inferior tribunals when they proceed in a cause without jurisdiction, or when their procedure is essentially irregular and not according to the essential requirements of law and no appeal or direct method of reviewing the proceedings exists.</p> <p>2. The writ of certiorari to review the proceedings of an inferior court does not issue as a matter of right, but rests in the sound discretion of the court; and, when issued, will not serve the purpose of a writ of error, or appeal with a bill of exceptions.</p> <p>■3. The office of the common law writ of certiorari, when issued to review the proceedings of an inferior court, is to bring up for inspection the entire record of the proceedings of such court, in order that the superior court may determine therefrom whether the inferior court acted within its jurisdictional powers, or whether its procedure was essentially regular and in accordance with the requirements of law.</p> <p>4. The judgment of a court must appear upon its record; and without the proper record evidence of the entry of a judgment appealed from, the appellate court can not either affirm or reverse what has been done in the lower court. To proceed on an appeal transcript to affirm a judgment of which there was no record evidence before the court, would be an essential irregularity, and not according to the requirements of law.</p> <p>5, B, sued a railroad company in the court of a county judge and obtained a verdict for one hundred dollars, value of cow killed, with interest and attorney fees, amounting to eighty dollars and thirty cents; motion for new trial was overruled and an appeal entered by the company to the Circuit Court, and there was certified to that court a transcript of the record of the proceedings before the county judge with a bill of exceptions, but the record did not show any entry of judgment on the verdict; the Circuit