Wright v. State
| Citation | 32 Fla. 472,14 So. 43 |
| Parties | WRIGHT et al. v. STATE. |
| Decision Date | 13 November 1893 |
| Court | United States State Supreme Court of Florida |
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.
To continue reading
Request your trial
-
Hardee v. Brown
...by a justice of the Supreme Court, as required by the statute. See State ex rel. Porter v. Vinzant, 49 Fla. 130, 38 So. 366; Wright v. State, 32 Fla. 472, 14 So. 43. See, Ex parte Cox, 44 Fla. 537, 33 So. 509, 61 L. R. A. 734. The defendant in error moved to dismiss the writ of error becaus......
-
Roach v. Keep
...... or a justice of the Supreme Court, shall grant to any party. or person aggrieved by the judgment, including the state of. Florida, or any political subdivision thereof, or any officer. of the state of Florida, or any county or municipality in. said state, or any ... justice of the Supreme Court, is a nullity. State ex rel. Porter v. Vinzant, 49 Fla. 130, 38 So. 366; Wright. v. State, 32 Fla. 472, 14 So. 43; Hardee v. Brown, 56 Fla. 377, 47 So. 834, text 838. . . While. the plaintiff in error was entitled ......
-
Freeman v. Blackburn
...was given to take the appeal as the statute requires. State ex rel. Brister v. Brister, 158 Fla. 662, 29 So.2d 699; Wright v. State, 32 Fla. 472, 14 So. 43; State ex rel. Wilson v. Quigg, 154 Fla. 348, 17 So.2d 697. The purpose of a nunc pro tunc order is to supply an omission in the record......
-
State ex rel. Brister v. Brister
...without jurisdiction to review the judgment and the appeal is dismissed upon authority of Ex parte Finch, 15 Fla. 630; Wright et al. v. State, 32 Fla. 472, 14 So. 43; State rel. Wilson v. Quigg, 154 Fla. 348, 17 So.2d 697. Appeal dismissed. THOMAS, C. J., and BUFORD and ADAMS, JJ., and HARR......