State ex rel. Floral City Phosphate Co. v. Hocker

Citations

• 33 Fla. 283

Syllabus

<p>1. The statutory provisions, that suits shall be begun only in the county where the defendant resides, or where the cause of action accrued; and that suits against two or more defendants residing in different counties may be brought in any county in which any defendant resides; and that suits against domestic corporations shall be commenced only in the county where such corporation shall have or usually keep an office for the transaction of its customary business (Sections 998, 999, 1001 Revised Statutes), are not limitations upon the constitutional jurisdiction or powers of the Circuit Courts, but merely invest defendants with the privilege of being sued in such counties, which privilege they may waive.</p> <p>2. The writ of prohibition does not lie to test the correctness of a ruling sustaining a demurrer to a plea setting up a mere privilege to be sued in another county than the one in which the action is pending and to restrain further proceeding by the court in the cause, where the court has jurisdiction of the subject-matter, or power to decide the cause. The question is one arising in the progress of a cause of which the court has jurisdiction, and a writ of error at the proper juncture is the remedy.</p>