State v. Johnson

Citations

• 13 Fla. 33

Syllabus

<p>The Constitution of this State, (1868,) Article YI, Section 5, provides that “ The Court shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each off the Justices shall have power to issue writs of habeas corpus to any part of the State,” &c.: Held,</p> <p>1. That this is a general grant of power to use certain writs in the exercise of its jurisdiction, and that it is competent for the Legislature to prescribe the manner of obtaining and issuing process, and to provide that such process may be issued out of the Supreme Court in vacation as well as in term time; and the provisions of the Constitution do not repeal invalidate acts of preceding Legislatures, authorizing Justices and Judges to allow supersedeas, writs of errors, and other process, and prescribing the effect of such process.</p> <p>2. A supersedeas granted upon an appeal from an order allowing a preliminary injunction and appointing a receiver pendente lite, suspends the operation of the order and prohibits the further action of the receiver in carrying out the mandate of the order from which the appeal is taken.</p> <p>3. When an appeal is taken and a supersedeas allowed from an order appointing a receiver, pendente lite, the power of the Court making the order and its officers is suspended in reference to the order appealed! from, and the order remains inoperative pending the appeal. Any- actioa or proceeding by any person under such order, in disregard and defiance of the force and effect of the supersedeas, after notice thereof or after service of a writ of supersedeas, is a contempt of the authority and jurisdiction of the appellate Court. •</p>