Louisville & N.R. Co. v. Sutton

• Decision Date: 05 November 1907
• Citation: 44 So. 946,54 Fla. 247
• Court: Florida Supreme Court
• Parties: LOUISVILLE & N. R. CO. v. SUTTON.

44 So. 946

54 Fla. 247

LOUISVILLE & N. R. CO. v. SUTTON.

Florida Supreme Court, Division A.

November 5, 1907

Error to Circuit Court, Holmes County; J. Emmet Wolfe, Judge.

Action by G. W. Sutton against the Louisville & Nashville Railroad Company. Verdict for plaintiff before a justice. Certiorari issued from the circuit court was quashed, and defendant brings error. Reversed and remanded.

Syllabus by the Court

SYLLABUS

The proceedings of the circuit court upon certiorari are reviewable by the Supreme Court on writ of error.

Under the constitutional provision that 'the county judge shall have original jurisdiction in all cases at law in which the demand or value of property involved shall not exceed one hundred dollars,' the jurisdiction of the county judge is determined by the actual demand made or the actual damages claimed.

A judgment entered by a county judge for an amount in excess of the amount over which the court has jurisdiction is void.

Judicial power to enter a judgment extends only to subjects over which the court or judge has jurisdiction; and a judgment entered in a judicial proceeding as to a subject not within the judicial power of the court or judge is a nullity.

Costs properly incurred are an incident to the judicial proceeding and are no part of the damages claimed or demand or penalty being adjudicated. Consequently costs do not affect the jurisdiction of the court.

Where a statute requires a judgment to be entered for double the damages found to be due, the double damages constitute the demand or damages claimed; and the county judge has judicial power to adjudicate and enter judgment for such demand or damages claimed only when they shall not exceed the jurisdictional amount of $100.

COUNSEL

Blount & Blount & Carter and Daniel Campbell, for plaintiff in error.

Daniel A. Simmons (W. T. Bludworth, on the brief), for defendant in error.

OPINION

WHITFIELD J.

On September 26, 1906, G. W. Sutton brought an action against the Louisville & Nashville Railroad Company in the court of the county judge of Holmes county, and in the declaration filed, it is alleged that on May 24, 1906, a cow, the property of the plaintiff, of the value of $75, was killed by a train of the defendant company at a point on defendant's railroad which was required by law to be fenced, but which was not fenced; that more than 30 days before bringing action plaintiff gave written notice and presented his claim in writing for said damages to an agent of the railroad company, but defendant company failed to pay such claim. Plaintiff claimed damages for the value of the cow $75, and a reasonable attorney fee of $24, and plaintiff 'sues and claims damages in the sum of $99.' There was a plea of not guilty. At the trial the jury returned a verdict 'in favor of the plaintiff and assessed his damages at the sum of $75.' Judgment was entered February 9, 1907, for $150 damages, $15 attorney fee, and $22.35 costs. A writ of certiorari was issued to this judgment from the circuit court, and, from an order quashing the certiorari, a writ of error was taken here.

The proceedings of the circuit court upon certiorari are reviewable by the Supreme Court on writ of error. Edgerton v. Mayor and Aldermen of Green Cove Springs, 18 Fla. 528.

The question presented for determination is whether the judgment of the court of the county judge is void for want of jurisdiction to enter judgment for the amounts stated in the judgment.

Section 17 of article 5 of the Constitution provides that: 'The county judge shall have original jurisdiction in all cases at law in which the demand or value of property involved shall not exceed one hundred dollars.' Section 2058 of the General Statutes of 1906 (section 1594 of the Revised Statutes of 1892) provides that in all civil matters the powers and duties of the county judge shall be the same as those of a justice of the peace. Section 2073 of the General Statutes of 1906 (section 1609 of the Revised Statutes of 1892) provides that the justices of the peace shall have jurisdiction 'in actions for damages for injury to rights pertaining to the person, or to personal or real property when the damages claimed do not exceed one hundred dollors'; and 'in actions for penalties not exceeding one hundred dollars.' The statutes of this state appearing as section 2869 et seq. of the General Statutes of 1906 require railroad...