Lake v. Hancock
| Decision Date | 04 June 1892 |
| Citation | 29 Fla. 336,11 So. 97 |
| Parties | LAKE v. HANCOCK. |
| Court | Florida Supreme Court |
Appeal from circuit court, Columbia county; JOHN F. WHITE, Judge.
Action by Minerva J. Hancock, for the use of J. W. Payne, against Asa Lake. Judgment for plaintiff, and defendant appeals. Plaintiff moves to dismiss. Motion denied.
Syllabus by the Court
An appeal will not be dismissed, on motion of appellee, for not filing the appeal transcript on the first day of the term to which the appeal is returnable, where the transcript has been filed before such motion is made, though subsequently to such day.
COUNSEL B. H. Palmer, for the motion.
B. B. Blackwell, opposed.
The transcript was not filed till February 24, 1892. As the appeal was entered on December 3, 1891, the transcript should, properly, have been filed here on the first day of the present term, which was January 12, 1892. The motion to dismiss not being made, however, until May 9, 1892, which was after the filing of the transcript, it must be denied. Bingham v. Morris, 7 Cranch, 99; Pickett v. Legerwood, 7 Pet. 144; Sparrow v. Strong, 3 Wall. 97; Lumber Co. v. Ruge, 26 Fla. 59, 7 South. Rep. 373. The other grounds of the motion to dismiss, not being noticed in the brief, are abandoned. Jacksonville, T. & K. W. Ry. Co. v. Peninsular, etc., Manuf'g Co., 27 Fla. 1, 9 South. Rep. 661.
The motion is denied, and it will be so ordered.
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