Mcgeachy v. Bush
| Decision Date | 12 February 1908 |
| Citation | 45 So. 848,55 Fla. 340 |
| Parties | McGEACHY v. BUSH. |
| Court | Florida Supreme Court |
Error to Curcuit Court, Jackson County; J. Emmet Wolfe, Judge.
Action by J. S. McGeachy against Allen H. Bush. Judgment for defendant, and plaintiff brings error. Dismissed.
Syllabus by the Court
A judgment for costs only, though following a general verdict for the defendant, will not support a writ of error.
COUNSEL Buell Cook, for plaintiff in error.
Wm. B. Farley (Thos. E. Walker, on the brief), for defendant in error.
The plaintiff in error brought an action of assumpsit against the defendant in error in the circuit court for Jackson county. A trial was had, which resulted in a verdict in favor of the defendant. Thereupon the following judgment was entered:
"We, the jury, find for the defendant. L. H. Henderson, Foreman.' Whereupon it was considered by the court, and it was the judgment of the court, that the defendant, Allen H. Bush, do have and recover of and from the plaintiff, J. S. McGeachy, his costs by him expended herein, which costs are taxed in the sum of $29.81, to be levied of the goods and chattels, lands and tenements, of the said plaintiff, and to the defendant rendered, and that execution do issue therefor.'
A writ of error thereto was sued out from this court.
This is not such a final judgment as will support a writ of error, being a judgment for costs alone, as has been repeatedly adjudicated by this court. See Hall v. Patterson, 45 Fla. 353, 33 So. 982; Morrison v. McCaskill, 46 Fla. 233, 35 So. 877, and authorities there cited; Birmingham Trust & Savings Co. v. Jackson County Mill Co., 46 Fla. 236, 35 So. 877; Haynes v. Bramlett, 46 Fla. 348, 35 So. 3; Cobb v. County of Santa Rosa, 47 Fla. 135, 36 So. 172; Gray v. Mann, 47 Fla. 162, 37 So. 161; Dexter v. Seaboard Air Line R. Co., 52 Fla. 250, 42 So. 695.
It follows that the writ of error must be dismissed, at the cost of the plaintiff in error.
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