McMillan v. Wiley

Citations

• 45 Fla. 487

Syllabus

<p>1, To the extent of conferring jurisdiction on the court of chancery to enjoin the trespasses mentioned in section 1469 of Rev. Stats, by a mere trespasser without color of right or authority, said section is constitutional and can be enforced; but to the extent of awarding an account for damages for the trespasses mentioned therein and decreeing their payment, the same is uneonsititutional and can not be enforced.</p> <p>2. Independent of Section 1469 Rev. Stats, the court of chancery had no jurisdiction to order an account to be taken of damages for a mere trespass on timbered lands, the same being cognizable at law, and, in so far as said section undertakes to confer such jurisdiction upon the court of chaneery, it impairs the right of trial by jury according to the course of the common law and secured by the constitution.</p> <p>'3. 'Where the court of chancery prior to the adoption of our constitution, had jurisdiction in a case, independently of any statute, for any purpose, it also had authority to decree the taking of an account and the payment of damages in 'such case; but the court of chancery had no inherent jurisdiction to enjoin a mere trespass on timbered lands, and though the legislature may properly confer the power to enjoin in- such cases, yet it can not, along with the delegation of such new power, confer upon the court of chancery jurisdiction to adjudicate damages for such trespasses, and neither can the parties confer such jurisdiction by their silence or consent.</p> <p>4. A jurisdictional matter will be considered by this court, even though the same may .not be questioned by the pleadings or expressly presented.</p>