
    State ex rel. Alexander Iggins, Relator, vs. J. F. McClellan, Judge, et al., Respondents.
    The seventh section of the delinquent tenant act, chapter 3348, Laws of 1881, section 24. p. 705 McC.’s Digest, was, in so far as it authorized the Circuit Court to try de novo, or, in other words, as an original cause and anew upon its merits, a ease appealed under such statute, from a judgment of the County Judge, inconsistent with sections 8 and 10, of Art. VI of the Constitution of 1868, as amended in 1875, and inoperative. The purpose and eifect of the section 10, of Art. VI. was that the appeal in such cases should he to the appellate and not to the original jurisdiction of the Circuit Court. State ex rel. vs. King, 30 Fla., 399. approved.
    
      R. H. Fries for Relator.
    Wm. Fisher for Respondent.
   Raney, C. J.:

This case is. controlled by. the decision made in State ex rel. Pleasure vs. McClellan et al., supra, p. 88, and the demurrer herein will be overruled with leave to respondents to plead within twenty days. It will be so ordered.  