Savannah, F. & W. Ry. Co. v. Justice
| Decision Date | 14 June 1899 |
| Citation | 41 Fla. 508,26 So. 704 |
| Court | Florida Supreme Court |
| Parties | SAVANNAH, F. & W. RY. CO. v. JUSTICE.[1] |
Error to circuit court, Suwannee county; John F. White, Judge.
Action between John W. Justice and the Savannah, Florida & Western Railroad Company. From a judgment in favor of Justice, the railroad company brings error. Dismissed.
Syllabus by the Court
A writ of error made returnable contrary to law (section 1270, Rev. St.) is void, and does not give to this court jurisdiction of the cause, and such a case will be stricken from the dockets and dismissed.
COUNSEL E. K. Foster and B. B. Blackwell, for plaintiff in error.
F. L. Rees and D. F. Grant, for defendant in error.
This cause coming on to be heard upon a rehearing of the former decision of the court therein made on April 12, 1899, whereby the said cause was dismissed and stricken from the dockets of this court, and it now appearing to the court that the writ of error in said cause was issued on the 11th day of June, A. D. 1898, two clear days prior to the first day of the June term, 1898, of this court, but is made returnable to the first day of the January term, A. D. 1899, contrary to law (section 1270, Rev. St.), and is therefore void, and does not give to this court jurisdiction of said cause, the said cause is therefore stricken from the dockets of this court and dismissed. Browning v. State, 40 Fla. ----, 25 So. 62; Simmons v. State, 40 Fla. ----, 25 So. 62; Price v. Broward, 39 Fla. 194, 22 So. 650; Fleming v. Fleming, 40 Fla. ----, 23 So. 571.
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Notes:
[1] The former decision of the court in this case is embodied in the decision on rehearing, and for that reason is not published.
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