Sumner Lumber Co. v. Mills

Citations

• 64 Fla. 513

Syllabus

<p>1. The jurisdiction of courts is regulated by the constitution or by statutes enacted pursuant to the constitution.</p> <p>2. In actions for injuries to property the jurisdiction of the court depends upon the amount or value of the demand in good faith made by the plaintiff.</p> <p>3. If double damages in good faith claimed under a statute cannot exceed one hundred dollars, the Circuit Court is without original jurisdiction of the cause.</p> <p>4. Where it does not appear from the declaration, but the evidence shows, that the court is without jurisdiction of the cause of action stated, the court should dismiss the cause upon its attention being directed to the absence of jurisdiction as disclosed by the evidence.</p> <p>5. In an action to recover double damages under the statute for the killing of a cow by a train, when the value of the animal is not alleged in the declaration, and the ad, damnum claims $500.00 damages, if the plaintiff testifies that he demanded and claimed only $50.00 as the value of the cow, and another witness for the plaintiff testifies that “he judged its market value to be about fifty or sixty dollars,” such evidence clearly indicates that the demand in good faith made does not exceed $50.00 and that double damages would not exceed $100.00, therefore the Circuit Court is shown to be without original jurisdiction and the cause therein should be dismissed.</p> <p>Shackleford, C. J., and Cockrelj,, J., dissent</p>