Seaboard Air Line Railway v. Ray

Citations

• 52 Fla. 634

Syllabus

<p>1. Certiorari is a common law writ which issues in the sound judicial discretion of the court to an inferior court, not to take the place of a writ of error or an appeal, but to cause the entire record of the inferior court to be brought up by certified copy for inspection, in order that the superior court may determine from the face of the record whether the inferior court has exceeded its jurisdiction, or has not proceeded according to the essential requirements of the law, in cases where no direct appellate proceedings are provided by law.</p> <p>2. Under the the constitutional provision that “The County Judge shall have original jurisdiction in all cases at law in which the amount demanded or value of property involved shall not exceed one hundred dollars,” the jurisdiction of the County Judge in an action against a common carrier for damages to property transported is to be determined by the sum in good faith demanded or actually put in controversy, and not by the amount of the recovery.</p> <p>8. If the face of the record in an action at law brought in the court of the County Judge shows that the amount demanded or actually put in controversy exceeds one hundred dollars, the County Judge is without jurisdiction to entertain it, and any judgment entered by him in the cause except to dismiss it is coram non judice, and utterly void.</p> <p>4. Where a declaration alleges damages to be at least 25 cents per crate for 366 crates of cantaloupes and that “the plaintiff claims damages for $125.00,” and there is no relinquishment of any part of the damages. claimed, damages to an amount no texceeding $125.00 may be proven in a proper forum, and a court which has jurisdiction in such causes only where the amount demanded shall not exceed one hundred dollars, cannot entertain jurisdiction of the cause of action as stated.</p> <p>5. Whore an action at law is brought in the court of the County Judge against a common carrier for its negligence and carelessness in not tra