Seaboard Air Line Ry. v. Bennett

• Decision Date: 02 February 1904
• Parties: SEABOARD AIR LINE RY. v. BENNETT.
• Court: Florida Supreme Court

36 So. 86

47 Fla. 215

SEABOARD AIR LINE RY. v. BENNETT.

Florida Supreme Court, Division B.

February 2, 1904

Error to Circuit Court, Bradford County; Rhydon M. Call, Judge.

Action by J. S. Bennett against the Seaboard Air Line Railway. Judgment for plaintiff. Defendant brings error. Dismissed.

Syllabus by the Court

SYLLABUS

1. Where the transcript upon a writ of error fails to exhibit a final judgment in the record proper, the writ of error will be dismissed by the appellate court upon its own motion.

COUNSEL Jno. A. Henderson, for plaintiff in error.

A. V. Long, for defendant in error.

OPINION

PER CURIAM.

This cause came on to be finally heard upon the transcript of the record and briefs for the respective parties, and the court having duly considered same, and it appearing from an inspection of the transcript that no final judgment is exhibited in and by the record proper, it is therefore considered by the court that the writ of error herein taken be, and the same is, dismissed at the cost of plaintiff in error. Tunno v. International Ry. & Steamship Co., 34 Fla. 300, 16 So. 180.

CARTER, P.J., and MAXWELL and COCKRELL, JJ., concur.

TAYLOR, C.J., and HOCKER and SHACKLEFORD, JJ., concur in the opinion.