West v. Johnson
| Decision Date | 17 June 1913 |
| Citation | 66 Fla. 4,62 So. 913 |
| Parties | WEST v. JOHNSON. |
| Court | Florida Supreme Court |
Error to Circuit Court, Madison County; Mallory F. Horne, Judge.
Action by A. J. Johnson against J. C. West and J. H. Edwards. Judgment for plaintiff, and defendant West brings error. Dismissed.
Syllabus by the Court
Where there is a joint judgment against several defendants, all of them must join in prosecuting a writ of error therefrom those desiring to prosecute the writ having the right to sue it out in the names of all notwithstanding the fact that some of them may refuse to join therein.
The appellate court has the discretionary power to permit writs of error to be amended by inserting therein the names of necessary parties who have been improperly omitted therefrom or to strike from it the names of parties improperly included therein. But the application therefor should be made before the time limited by law for suing out writs of error has expired. The bringing in of a new party plaintiff in error by amendment of the writ of error makes the amended writ of error, as to such new party, an entirely new writ, issued then when the amendment is made, so far as such new party is concerned, for the first time; and if, at the date of such amendment, the time limited for suing out writs of error has expired, such amended writ would be, as to such new party, a writ of error issued after the expiration of the time in which the law permits him to sue it out.
Where a judgment is joint against two defendants, and a writ of error thereto is taken by only one of the joint defendants, and no summons and severance is had, an amendment by bringing in the other joint defendant as a plaintiff in error will not be permitted after the expiration of the time allowed by the statute for taking a writ of error, and the writ of error will be dismissed.
COUNSEL Davis & Whitnell, of Madison, for plaintiff in error.
T. B Adams, of Jacksonville, and W. B. Davis, of Perry, for defendant in error.
A joint money judgment was rendered against J. C. West and J. H Edwards on October 15, 1912. On February 14, 1913, J. C. West alone took writ of error. No summons and severance was had. When the cause was submitted in May, 1913, the six months allowed by the statute for taking writ of error had expired.
Where there is a joint judgment against several defendants, all of them must join in prosecuting a writ of error therefrom those desiring to prosecute...
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Mcjunkins v. Stevens
...taking the appeal, does not affect the jurisdiction of the appellate court to determine the subject-matter of the appeal. In West v. Johnson, 66 Fla. 4, 62 So. 913, the judgment defendant did not appear and ask to be made a party appellant. See, also, Rutan v. Studebaker, 60 Fla. 184, 53 So......
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... ... Haycraft, 34 Fla. 449, ... 16 So. 324), but not after, the statutory period for taking ... appeals or writs of error has expired. West v ... Johnson, 66 Fla. 4, 62 So. 913; State ex rel. v ... Canfield, 40 Fla. 36, 23 So. 591, 42 L. R. A. 72; ... Cornell v. Franklin, 40 Fla ... ...
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Mutual Life Ins. Co. v. Hartley
... ... 278, 26 L.Ed. 447 ... Writs ... of error may be amended as to parties and as to formal ... defects upon due application. West v. Johnson, 66 ... Fla. 4, 62 So. 913; Texas & P. Ry. Co. v. Kirk, 111 ... U.S. 486, 4 S.Ct. 500, 28 L.Ed. 481; Long v. Farmers' ... State Bank, ... ...
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Forcum v. Symmes
... ... Morgan, of Memphis, Tenn., and Ira C. Haycock, of Miami, for ... appellant ... [133 So. 89] ... Frank ... E. Lowman, Johnson & Nall, Morcock & Weintraub, and Frank ... Clark, Jr., all of Miami, for appellees ... OPINION ... BROWN, ... The ... So the motion ... to amend is defective, and must be denied. And it probably ... comes too late. West v. Johnson, 66 Fla. 4, 62 So ... Now, ... the transcript shows that the original and two amended bills ... were properly ... ...