State Ex Rel. Garrett v. Johnson
| Decision Date | 28 November 1933 |
| Citation | 151 So. 315,112 Fla. 112 |
| Parties | STATE ex rel. GARRETT v. JOHNSON, Circuit Judge. |
| Court | Florida Supreme Court |
En Banc.
Original mandamus proceeding by the State, on the relation of George P. Garrett, against John B. Johnson, as Judge of the Circuit Court for Leon County.
Peremptory writ granted.
COUNSEL G. P. Garrett, of Orlando, in pro. per.
Zorah B. Close, of Lakeland, for respondent.
By an opinion filed herein on September 27, 1933, 150 So. 239, the respondent's demurrer to the alternative writ of mandamus, and the motion to quash same herein were overruled. This case is now before us on relator's motion for a peremptory writ notwithstanding the respondent's return which was subsequently filed.
Briefly stated, the object of this proceeding is to require the judge of the Second judicial circuit to vacate an order dismissing a common-law action for want of jurisdiction and ordering that the said circuit judge reinstate the cause and proceed to determine the same. The suit at law that this proceeding seeks to have reinstated and tried in the circuit court of Leon county is one wherein the relator, George P. Garrett seeks to recover of and from the comptroller of the state of Florida, with respect to the assets of the defunct Bank of Okeechobee, a judgment in the sum of $2,406.21 to be ordered paid out of the assets of said Bank of Okeechobee now in the hands of the comptroller and his liquidator for purposes of liquidation.
Suits at law for the recovery of items of indebtedness claimed against the comptroller with respect to his liquidation of state banks whose assets have come into his hands for liquidation purposes pursuant to law may be instituted maintained, and carried to judgment against the comptroller or his liquidator, by proceedings at law analogous to those maintainable against executors or administrators, wherein the judgment, when recovered, only becomes binding in law upon the assets in the representative's hands which are subject to being impressed with the costs and expenses of the estate's administration. See State ex rel. Jackson v. Lee, Comptroller (Fla.) 150 So. 727 decided November 9, 1933, at the present term.
A judgment recovered in any such action at law against the comptroller or his liquidator, or against both, would not be a personal judgment against the defendant comptroller or liquidator, nor a judgment against the ...
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State Ex Rel. Brown v. Dewell
... ... [167 So. 690] ... [123 Fla. 787] Whitaker Brothers, Charles F. Blake, and L. E ... Womack, all of Tampa, E. A. Bosarge and Luther Johnson, both ... of Bartow, and C. A. Boyer, of Orlando, for relators ... J. C ... Rogers, of Lakeland, J. Rex Farrior, of Tampa, L. P ... Landis v. Lewis, Circuit Judge, ... 118 Fla. 910, 160 So. 485; See, also, State ex rel ... Dillman v. Tedder, supra, and State ex rel. Garrett v ... Johnson, Circuit Judge, 112 Fla. 112, 150 So. 239, 151 So ... While ... it is the policy of the law to require the utmost secrecy ... ...
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...of law or without jurisdiction for the entry of such order, judgment or decree. See State ex rel. v. Johnson, 112 Fla. 112, 150 So. 239, 151 So. 315; State v. Kirke, 12 Fla. 278, Am.Dec. 314; State v. Finley 30 Fla. 320, 11 So. 500; State v. Wright, 107 Fla. 178, 145 So. 598; State ex rel. ......
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...final in its nature, may support a writ of error. * * *' State ex rel. Garrett v. Johnson, Circuit Judge, 112 Fla. 112, 113, 150 So. 239, 151 So. 315. Jurisdiction in Supreme Court may attach only after a judgment final in its naure has been entered by the trial court and after time has com......
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