State ex rel. Florida Publishing Co. v. Hocker
Citations
- 35 Fla. 19
Syllabus
<p>1. Under our Constitution and statutes it is not an exercise of extra territorial jurisdiction for a judge of one circuit to hear and determine, in accordance with Section 1078 of the Revised Statutes of Florida, a demurrer in a common law case pending in another circuit, but in which the judge of such other circuit is unable or disqualified to act.</p> <p>2. The act of a judge of one circuit in making such an order as may be made in vacation or between terms, in a cause pending in-another circuit, hut in which the. judge of said circuit is legally or physically incapacitated to act, is not a transfer of the case ■ from the circuit in which it is pending to the circuit of the ■ judge who makes the order.</p> <p>3. Section 1078 of the Revised Statutes of Florida is not in conflict with the State Constitution of 1885. Because the Constitution points out several modes of obtaining a trial in common law cases, which are usually had in term, it does not follow that the Legislature is prohibited from conferring jurisdiction for the disposition of matters pending before a disqualified judge which can he disposed of in vacation or between terms. The Constitution and the statute are entirely consistent with each' other. ■</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- relying on the debates for the proper context of the language of a constitutional provision in holding a statute was constitutional
- relying on the debates for the proper context of the language of a constitutional provision in holding a statute was constitutional
- “Every word in a constitutional provision is assumed to have effect and meaning; their use is not surplusage.” (quoting Buechner v. Bond, 650 S.W.2d 611, 613 (Mo. banc 1983))
- \Every word in a constitutional provision is assumed to have effect and meaning; their use is not surplusage.\ (quoting Buechner v. Bond, 650 S.W.2d 611, 613 (Mo. banc 1983))
Source: CourtListener parenthetical corpus (CC0).
Judges: Liddon
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