Bell v. Niles
| Decision Date | 22 November 1910 |
| Citation | 60 Fla. 31,53 So. 714 |
| Parties | BILL, Sheriff v. NILES. |
| Court | Florida Supreme Court |
Error to Circuit Court, Walton County; J. Emmet Wolfe, Judge.
Action by Melissa Niles against J. M. Bell, Sheriff. Judgment for plaintiff, and defendant brings error. Dismissed.
Syllabus by the Court
Where a writ of error purports to be taken to a final judgment, and no such final judgment as will support a writ of error appears in the transcript, the court will not proceed to consider the errors assigned, but will dismiss the writ of error, whether a motion be made for that purpose or not since, except in case of an order granting a new trial under the statute, a writ of error may properly issue only to a judgment making a final disposition of the action in the trial court.
A judgment that the plaintiff 'have and recover of the defendant the sum of $-----, its costs in this behalf expended,' is not a judgment finally disposing of the cause, and will not support a writ of error.
COUNSEL S. K. Gillis, for plaintiff in error.
W. T Bludworth, for defendant in error.
Melissa Niles brought an action of replevin against the sheriff, and was given possession of the property. At the trial, a verdict was rendered that the plaintiff was entitled to the property and the following judgment was entered thereon:
'Whereupon it was ordered by the court that the plaintiff, Melissa Niles, have and recover of the defendant, J. M. Bell, sheriff, the sum of $-----, its costs in this behalf expended, to be levied of the goods, chattels, lands, and tenements of the said defendant, and to the plaintiff rendered, for which let execution issue.'
The statute provides that 'the plaintiff shall have judgment for his damages caused by the taking and detention, and for his costs of suit.' Section 2188, Gen. St. 1906. Section 1691 of the General Statutes provides that 'writs of error shall lie only from final judgments, except as specified in section 1695,' which section authorized 'writs of error from orders granting new trials.'
A final judgment is one that adjudicates the merits of the cause or disposes of the action. A judgment that the plaintiff recover of the defendant his damages in a stated sum is a final judgment, to which a writ of error lies. If damages are waived, the defendant should be adjudged to be discharged of them.
A judgment for costs alone is not such a final judgment as will support a writ of error. Hall v. Patterson, 45 Fla 353, 33 So. 982; Dexter v. Seaboard Air Line R. Co., 52 Fla. 250, 42...
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Bell v. Niles
...of suit.' We referred to and copied a portion of this statute in the opinion rendered upon the former writ of error in this case (60 Fla. ----, 53 So. 714); but we did not undertake prescribe the form of the final judgment that should be rendered and entered. We did say that: 'A final judgm......
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State Road Dept. v. Crill
...judgment is one that adjudicates the merits of the cause and disposes of the action (Graves v. J. M. Harris & Bro., supra; Bell v. Niles, 60 Fla. 31, 53 So. 714); that puts end to the suit (Branch v. Branch, 5 Fla. 447, 450); and that at common law, there were 'two prerequisites to the righ......
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Goldfarb v. Bronston
... ... the action (Graves v. J. M. Harris & Bro., supra [61 Fla ... 254, 54 So. 390]; Bell v. Niles, 60 Fla. 31, 53 So ... 714); that puts an end to the suit (Branch v ... Branch, 5 Fla. 447, 450); and that at common law, there ... ...