Wright v. State
| Decision Date | 13 November 1893 |
| Citation | 32 Fla. 472,14 So. 43 |
| Parties | WRIGHT et al. v. STATE. |
| Court | Florida Supreme Court |
Error to circuit court, Marion county; W. A. Hocker, Judge.
On proceeding for discharge on habeas corpus, Rebecca Wright and another were remanded for trial before the criminal court, and bring error. Dismissed.
Syllabus by the Court
A writ of error issued by the clerk of the circuit court to a judgment of a circuit judge in a habeas corpus proceeding is a nullity, where there has been no grant of such writ by the circuit judge who heard the cause, or a justice of the supreme court, under section 1780, Rev. St., or by the supreme court.
W. K. Zewadski, for plaintiffs in error.
William B. Lamar, Atty. Gen., for the State.
The judge of the fifth circuit issued a writ of habeas corpus, and on hearing remanded the petitioners, Rebecca Wright and Lizzie Murry, for trial before the criminal court of record of Marion county. To this judgment the clerk of the circuit court of Marion county issued a writ of error returnable before this court on the 27th day of October, ultimo. There was no allowance or grant of the writ by this court, or by any of its justices, or the circuit judge, as provided by section 1780, Rev. St., and consequently the writ is a nullity, and we have no jurisdiction of the cause. It will be dismissed at the cost of the petitioners. Judgment accordingly.
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