State ex rel. Chestnut v. King

Citations

• 20 Fla. 399

Syllabus

<p>The last clause of Section 7 of Chapter 3248, an act to provide summary proceedings against delinquent tenants, approved February 16, 1881, which provides that on an appeal from the judgment of the County Judge the Circuit Court shall try the case de novo, is inoperative. By the eleventh section of Article 6 of the Constitution the power of the Circuit Court in such cases is. appellate only, and an appeal, in the absence of a statute regulating the proceeding, gives the Circuit Court only such power as it would have by a common law writ of error. The act in other respects appears to he valid.</p>