Swepson v. Call

Citations

• 13 Fla. 337

Syllabus

<p>1. When a judge of the Circuit Court orders the transfer of a cause to another circuit, under the provisions of “ An act to provide for the more effectual administration of justice in this State,” approved January 24, 1851, he should affirmatively state in the order of transfer, or in some other paper to be filed, the reason why the transfer ís made, or the order will be irregular.</p> <p>3. The statute referred to makes it a condition of the transmission of the papers by the clerk, that the costs shall be first paid, and if the condition be not complied with on the part of the party procuring the order of transfer, and the clerk should refuse or neglect to transmit the papers for that reason, any other party may, on proper application, have the first order revoked and the cause removed to any proper circuit on complying with the statute.</p> <p>3. A judge has no jurisdiction of a cause in which he is interested, and can make no order therein except for the purpose of transferring it to some other circuit whereof the judge is qualified to try the cause, and if the judge of the circuit to which the cause is sent is also disqualified, held, that it is his duty to order the papers to be returned to the court from which it was sent, in order that some other circuit may be selected.</p> <p>4. The jurisdiction of the court in which a suit is commenced is not divested merely by an order of transfer under the act of January 24,1851, nor does the court to which the transfer is directed to be made obtain jurisdiction until the papers reach the clerk of the court mentioned in the order.</p> <p>5. A civil cause is not pending in a court until the papers showing the existence of the cause are deposited with the clerk who has the custody of the records of the court having jurisdiction of the cause.</p> <p>6. The requirements of a statute authorizing a transfer of a cause from one court to another must be strictly observed, and everything necessary to transfer jurisdiction unde