State v. Philips
| Citation | 59 So. 241,64 Fla. 105 |
| Parties | STATE ex rel. TISCHLER v. PHILIPS, County Judge, et al. |
| Decision Date | 05 July 1912 |
| Court | United States State Supreme Court of Florida |
Error to Circuit Court, Duval County; R. M. Call, Judge.
Petition for writ of prohibition by the State, on the relation of Philip Tischler, against Henry B. Philips, County Judge for Duval County, Fla., and another. From decree denying the writ, relator brings error. Reversed and remanded, with directions.
Additional Syllabus by Editorial Staff
Syllabus by the Court
When under the provisions of section 18 of article 5 of the Florida Constitution, a county court is established in any county, the jurisdiction of the county judge as such is at once suspended in all those cases jurisdiction over which is placed in said county court by said section 18, and remains so suspended so long as the Legislature shall see proper to continue such county court in existence in such county.
Said section 18 of article 5 simply provides for a bigger court and places the county judge over it to preside, and all of his jurisdiction formerly exercised by him as county judge in the lesser tribunal that is expressly given by said section 18 to the county court when established is at once merged in him as the presiding judge of such greater tribunal, and, so long as such county court exists, he cannot, as county judge exercise any jurisdiction that is expressly given to such county court by said section 18 of article 5.
Where boundaries to real estate are essentially involved in a dispute between parties, the same cannot be settled in an action of unlawful detainer either in the county judge's court, or in a county court, since under the provisions of section 11 of article 5 of our Constitution our circuit courts are clothed with exclusive original jurisdiction of all actions involving the boundaries of real estate.
COUNSEL Bisbee & Bedell, of Jacksonville, for plaintiff in error.
Axtell & Rinehart and Cooper & Cooper, all of Jacksonville, for defendants in error.
The plaintiff in error as relator filed his petition in the circuit court of Duval county against the defendants in error for a writ of prohibition to prohibit the defendant in error H. B. Philips from entertaining or further proceeding as county judge of Duval county, with an action of unlawful detention of real estate instituted before him as county judge by the defendant in error W. B. Dawson against him the said relator.
The petition for the writ, alleges that the said county judge has no jurisdiction to entertain or try said cause or to pronounce judgment therein; that the said action of unlawful detainer involves simply the boundary line between two adjacent lots in the city of Jacksonville owned the one by the relator Tischler and the other by the defendant in error W. B. Dawson.
The defendants in error demurred to said petition, which demurrer was sustained by the circuit judge, and final judgment rendered against the relator denying the writ of prohibition prayed for, and this judgment the relator below brings here for review by writ of error, assigning as error the order sustaining the demurrer to the petition, and the final judgment entered in the cause.
The circuit court erred in these rulings, and should have overruled said demurrer and granted to the relator the writ of prohibition sought for.
This court will take judicial notice that there has been established in Duval county by law a county court under the provisions of section 18 of article 5 of our Constitution and our construction of said section 18 is that, when under it a county court is...
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