Keen v. Jordan

Citations

• 13 Fla. 327

Syllabus

<p>.1. When a bill in chancery, in the prayer for process, does not contain the names of the defendants against whom process of subpoena is prayed, as required by Rule 23, (Chancery Rules,) it is demurrable, it being a defect in the frame of the bill.</p> <p>2. When a demurrer to a bill is filed without being accompanied by certificate of counsel as required by the 31st Chancery Rule, advantage of the omission should be taken by motion to strike off the demurrer; but if the parties proceed to a hearing without regarding the omission, and the questions raised by demurrer are passed upon by the court, it is too late, upon appeal, to raise the objection.</p> <p>3. A bill in chancery was filed, praying that the record of a judgment at law and an execution thereon, which had been destroyed by fire, might be re-established or supplied by copies thereof, and that a copy of the execution might be placed in the hands of the sheriff in lieu of the one destroyed: Held,</p> <p>4 On demurrer to the bill, that the power to supply a new record when the original has been lost or destroyed, pertains to the court in which the record was made, and is an inherent power in courts of general jurisdiction; and a court of equity has no jurisdiction to supply or establish the record of a court of law which has been lost or destroyed.</p>