The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-03-21
HEAD-NOTES OF DECISIONS
SUPREME COURT OF FLORIDA,
January Term. A. ID. 1SS2.

a -
A. D Basnett, Petitioner VS. The City of Jack
sonville, Respondent
WEsTcoTT. j.:
l. 4 common law writ of certiorari to quash
proceeding, an inferior jurisdiction does not
issue as matter Ot right but on cause shown to
this court or To justice thereof in VACATION
nor Is i; the duty OF The court even where a case
of irregularlty IN proceedings is shown properly
remedable by this process 10 issue it under all
circumstances, nor is il the duty of the court to
auash the proceeding returned after such writ
has issued and the return has been filled in all
cases ot illegality, irregularity or even want OF
jurisdiction
> common law writ of certi0rdrl does not
serve the purpose of writ of error or appeal
with bill OF exceptions as known to our prac-
tee Ii the court has jurisdiction and there is no
irregulariiy or illegality in the procedure the
csrti0rqri must be quashed.
The cert5orar is Quashed.
COckre i Walker for Petitioner, j. E. Hart
ridge for Respondent
Theodore 7 Elgerton, Petitioner vs.. The May
or and Alderman of Green Cove Springs, Re
splndent.
WEsTcoTT, J.:
l. 4 common law writ of certiOrari does not
serve The purpose ni writ OF error OF appeal with
bill OF exceptions A. know n TO our practice. If
the court has jurisdiction and there is no irregu-
iafliy or legaIiy IN the procedure the certsorGri
must be quashed
,. The proper method of reviewing the pro-
ceedings OF the Circuit Court upon certSOrari IS
sued by II Is not certt0rdri but an appeal at
law or VIII Of error and the general rule is that
when al appeal lies a certtOrari will not be
granted. Halliday v. The Jacksonville Plank
Road Company, 8 Fla, 304 referred to and ap
proved
The oerttorart Is quashed
COckrel K Walker for Petitioner, Fleming s
Daniel for Respondents
I. o. Allen, Plaintiff in Error, vs. H. c. Tison,
Defendant in Error-Duval county.
RANDALL, C. j.:
/ Where a writ Of error has been dismissed
because Of the failure OF the plaintisin error to
Rle an assignment oil errors, the court may at
the same term, IN the exercise OF a sound discre-
uon, relnsiaie the case on the docket.
Notion 10 reinstate denied where although
the grounds OF The motion, considered with
reference 10 the failure to file such assignment,
addressed themselves, To the favorable cons.dera-
ton OF the court. the record disclosed great aches
on the part OF plaintiff in error in the manage
ment oi the case in the lower court and a total
absence nf merits
Dockesed and dismissed
George P. R1ney and John A Henderson
counsel for Plaintiff in Error; ]. c. Marcy &
Son, for Defendant in Error
George Wheaton Deans, Administrator, etc, Ap-
Pea1i' vs. James Wicoxon ct al Appellees.-
DuvaI county.
WEsrcOTT, J.:
l. This court has jurisdiction upon appeal or
Ent OF error to review the proceedings of the
ClrcuIt Court upon ! certlordrt 10 the county
court
: In this State, under the Constitution, a GER
tDrar7 lies from the Circuit Court to the county
court as the suit Of the heir to bring up the pro-
eeedings OF the county court in the mater OF an
order OF sale OF real estate for the payment Of the
debts of the intestate. The heir, while not re-
CURED TO be made party TO the proceedings for
The sale, has such an interest as entities him tc
tAs writ, upon proper case made in discretion oil
The Circuit Court
B. II is essential to the jurisdiction of the Cir
cult Court, in proceeding by certi0rarI that the
Erltssue and be returned with transcript sought
70 De quashed, unless the writ and return are
waived"
In proceeding by an administrator to sell
real estate 10 pay debts, il is not essential TO the
jurisdiction OF the court that the administrator
should in his petition allege IN terms that il is an
ntestate estate The allegation that he is ad-
minsirator the record of the county court in the
showing his appointment and that il was an in
estate estate. Is sufficient as to this matter
D. II Is not necessary that the petition of the
administrator should in terms Alege that an e.
tate Is solvent or insOlvent, as the county court
"a jurisdiction 10 sell lands to pay debts OF both
soivent and lnsOlvent estates. In the case OF q
soaVenl estate the petition alleges an exhaustion
personal assets, and in case Of insolvent es-
AteA. suggestion of insolvency In this case
ae petition alleges that there is no personal e.
Ase and the court finds that the personal prop
matter.
An allegation that the lawful debts and de.
11nds existing against the estate amount TO the
sam OF twenty-five thousand six hundred and
y-nve dollars, as appears by the schedule
hereto annexed, marked A, and reference Aersia
ssSue, which he prays Uih The reference may be
en as part OF this his petition" is sufficient al
ssAtion OF the existence Of the debt, when the re-
s1ehce In the schedule consists Of an account
.so.n TO BY the parties and admitted by formei
-manlstrator TO be due
= That debt thus proved and admitted va.
eagolahed oy aseh1s or lapse OF time, is not {
4:soon which the Circuit Court can determine
e court Of law, upon cert0roYi, ct the
u tne Aiieged heir to the county court, In ths
ot petition By the administrnter to sci
- estase to pay debts, the creditor being nc
- ana The fact that the petitioners are heir,
Ing admitted by the administrator
sadgment reversed
" Desns. Counsel fpr Aons,,. n, j. f.or,rr.a
eWalkeF, Counsel for Apoellees
=. y 1sn<es, Plaintiff Ia Error. W Henry Baars
ssading A. H. RAass Il Co..l fur - - \
SMls z Break assipeeA, &c, Defendanl
sor-santa Rosa county.
RANDALL, c. j.:
! - a esu1ract 70 deliver certafn quantity a
"a - -. - % nacA per f0ot, to be inspecssd. a.
lserm -m fast e wster will nermlt
= e'npisied nat later than June Is. les0