20 Fla. 122 | Fla. | 1883
The Chief-Justice delivered the opinion of the court.
Each of these cases is based upon the same state of facts. They are appeals from, the judgments of the Circuit Court discharging rules to show cause why writs of prohibition should not issue upon the suggestion of the appellant in each case, and dismissing the proceedings.
The appellant in each case filed a suggestion in the Circuit Court setting forth that L. W. Spratt had instituted suit before J. C. Marcy, Jr., a Justice of the Peace, against such defendant (appellant) in assumpsit, that the issue before the Justice in each cause “ involved the right of possession and title to real estate, that exception and objection was then and there taken to the 'jurisdiction of the court
Upon the filing of the suggestion the court made a rule to show cause, and on the day appointed appellees appeared by attorney and moved to discharge the rule upon the insufficiency of the suggestion, which motion was granted and the rule dismissed.
Appellees now move this court to dismiss the appeal on the ground that there is no final judgment, sentence or decree from which an appeal is authorized.
The discharge of the rule to show cause is an end to the proceedings in the Circuit Court, and no further judgment or proceedings can be had in the cause on the part of the relator. As an original proceeding the filing of the suggestion and entry and service of the rule was the commencement of a suit. The discharge of the rule upon the merits of the suggestion was the final judgment of the court against the appellant. The motion to dismiss the appeal was, therefore, denied.
Upon the submission of the appeals it is argued by appellees that the Circuit Court has no jurisdiction to issue the writ of prohibition in these cases.
The Constitution expressly gives to the Supreme Court original jurisdiction of the writ of prohibition. Art. VI., Sec. 5.
Section 8 of the same article gives to the Circuit Courts original jurisdiction in equity, and “ in all eases at law in which the demand or value of the property involved exceeds one hundred dollars, and in all cases involving the
Here we have the jurisdiction of the Circuit Courts and of the Supreme Court sharply defined. The power to issue the writ of prohibition is in clear words given to the Supreme Court as an original proceeding. The Constitution, enumerating'what original writs may be issued, omits to name the writ of prohibition as within the power of the Circuit Courts and Judges, but expressly gives the power to issue this writ to the Supreme Court.
The ancient maxim “ inclusio unius est exdusio alteñus ” is applicable.
As a writ “ necessary to the complete exercise of their jurisdiction,” the Circuit Courts may issue a prohibition or any other appropriate writ to protect its jurisdiction in any cause properly before it, but this is ancillary to a jurisdiction already acquired and not an original process by which to obtain jurisdiction. Uor is it within the power of the Legislature to enlarge the jurisdiction so strictly defined.
The reasoning of Chief-Justice Marshall in the leading
The necessary conclusion in the cases at bar is that the Circuit Courts and Judges have no cohstitutional power to issue the writ of prohibition as an original proceeding.
We may remark that the suggestions of the appellants, filed in the Circuit Court, entirely failed to show that the Justice acted without, or exceeded his jurisdiction in either of the causes before him.
The judgment of the Circuit Court in each case is affirmed.