State ex rel. Archibald McCallum & Son v. Smith
Citations
- 32 Fla. 476
Syllabus
<p>A defect of statement in a replevin affidavit is not fatal to the jurisdiction of the cause, but is amendable under Section 1723 Rev. Stats. ; and prohibition is not a proper remedy for correcting the error of a justice of the peace in refusing to allow an amendment of such defect, the error being one com-mitt d in the prog'ress of a cause of which the justice had jurisdiction notwithstanding the defect.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rule requiring additional incriminating evidence for constructive possession “shows judicial wariness that guilt on circumstantial evidence be imputed only on substantial proof”
Source: CourtListener parenthetical corpus (CC0).
Judges: Raney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.