Roach v. Keep

• Decision Date: 12 May 1917
• Citation: 75 So. 528,73 Fla. 1048
• Parties: ROACH, Chief of Police v. KEEP.
• Court: Florida Supreme Court

75 So. 528

73 Fla. 1048

ROACH, Chief of Police v. KEEP.

Florida Supreme Court

May 12, 1917

Error to Circuit Court, Duval County; Daniel A. Simmons, Judge.

Habeas corpus proceeding by Arthur Keep against F. C. Roach, Chief of Police. Judgment discharging the petitioner, and defendant brings error. Dismissed.

Syllabus by the Court

SYLLABUS

A writ of error to a judgment in a habeas corpus proceeding issued by the clerk of the circuit court, without the allowance thereof either by the judge who heard the cause or by a justice of the Supreme Court, is a nullity.

COUNSEL Odom, Crawford & Butler and L. S. Gaulden, all of Jacksonville, for plaintiff in error.

F. D Brennan, of Jacksonville, for defendant in error.

OPINION

WHITFIELD J.

In habeas corpus proceedings ceedings the petitioner was discharged. The chief of police took writ of error to the judgment by filing a praecipe therefor with the clerk of the circuit court who issued the writ. The statute provides:

That in habeas corpus proceedings 'the judge hearing the cause or a justice of the Supreme Court, shall grant to any party or person aggrieved by the judgment, including the state of Florida, or any political subdivision thereof, or any officer of the state of Florida, or any county or municipality in said state, or any person, a writ of error returnable to the next term of the Supreme Court, or to the court in term, if the writ is applied for during the session of the court which writ shall be heard and determined as other cases; and the trial of such writs of error shall have preference in the Supreme Court over all other cases. And such writs of error shall be granted in criminal as well as in civil cases, and from the review of judgments and orders discharging persons from custody or arrest upon any criminal charge, as well as orders committing or remanding any such person to custody Provided, however, That no such writ of error shall operate as a supersedeas in any criminal case to an order or judgment discharging persons from custody.' Section 2257, Gen. Stats. 1906, Compiled Laws 1914.

A writ of error to a judgment in a habeas corpus proceeding issued by the clerk of the circuit court, without the allowance thereof either by the judge who heard the cause or by a justice of the Supreme Court, is a nullity. State ex rel Porter v. Vinzant, 49 Fla. 130, 38 So. 366; Wright v. State, 32 Fla. 472, 14 So. 43; Hardee v. Brown, ...