State v. Vinzant

• Decision Date: 18 April 1905
• Citation: 38 So. 366,49 Fla. 130
• Parties: STATE ex rel. PORTER v. VINZANT, Chief of Police.
• Court: Florida Supreme Court

38 So. 366

49 Fla. 130

STATE ex rel. PORTER v. VINZANT, Chief of Police.

Florida Supreme Court, Division A.

April 18, 1905

Appeal from Circuit Court, Duval County; R. M. Call, Judge.

Application, on the petition of Frank S. Porter, for writ of habeas corpus to W. D. Vinzant, chief of police of the city of Jacksonville. Judgment for respondent, and Petitioner brings error. Writ 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 Geo. U. Walker, for plaintiff in error.

W. H. Ellis, Atty. Gen., J. M. Barrs, and P. M. Odom, for defendant in error.

OPINION

SHACKLEFORD, J.

An application was made to the judge of the Fourth Judicial Circuit of Florida for a writ of habeas corpus on the petition of Frank S. Porter, and on the hearing thereof an order was made denying the writ, and remanding the petitioner to the custody of W. D. Vinzant, chief of police of the city of Jacksonville. To this judgment the clerk of the circuit court in and for Duval county issued a writ of error returnable before this court on the 25th day of January, 1905. There was no allowance or grant of this writ by this court, nor by any of its justices, or by the circuit judge, as provided by section 1780, Rev. St. 1892, as amended by chapter 4920, p. 52, Laws 1901, consequently this court must refuse to entertain the same, under the authority of Wright v. State, 32 Fla. 472, 14 So. 43, and it must be dismissed at the cost of the relator.

WHITFIELD, C.J., and CARTER, J., concur.

TAYLOR, P.J., and HOCKER and COCKRELL, JJ., concur in the opinion.