JOHN F. TYLER, MARSHAL OF THE CITY OF JACKSONVILLE, APPELLANT,
v.
JAMES R. PAINTER, APPELLEE
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The Florida Supreme Court dismissed an appeal from a habeas corpus proceeding, holding that a writ of error, not an appeal, is the exclusive method for reviewing such judgments.
No, an appeal is not the correct method. A writ of error is the exclusive remedy for reviewing judgments in habeas corpus proceedings.
“An appeal is not the method by which such proceedings are reviewed in this court.”
Establishes the core procedural issue of the case.
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Join FLexlaw to unlock all legal intelligenceThe case involves an appeal from a judgment rendered in a habeas corpus proceeding by the Circuit Court for the Fourth Judicial Circuit. The appellant…
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delivered the opinion of the court.
This is an appeal from a judgment of the Circuit Court for the Fourth Judicial Circuit, rendered in a habeas corpus proceeding.
An appeal is not the method by which such proceedings are reviewed in this court. Under the statute regulating the subject a writ of error is the exclusive remedy. Thomp. Dig., 529-530. The method of proceeding under that statute is discussed in ex-pcvrte Finch, 15 Fla., 632, and in ex-parte Edwards, 11 Fla., 174. This writ of error is not regulated by the general statute upon the subject of writs of error. Thomp. Dig. 446-7. The practice as to notice and the terms upon which the writ may be granted, are matters of discretion in this court.
There being no appeal from such judgment, the appeal must be and is dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Hardie, 108 Fla. 133 (Fla. 1933)…er to custody under the contempt commitment is res adjudicata of the lawfulness of the imprisonment under the contempt commitment. A judgment of the Circuit Court in a habeas corpus proceeding can only be reviewed by writ of error. Tylor v. Painter, 16 Fla. 144. A writ of habeas corpus should not be issued by the Supreme Court, or by a Justice thereof, except upon a showing of reasonable grounds to apprehend that the imprisonment - complained of in .the application for the writ, is , without authority of l…
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Deeb v. Gandy, 110 Fla. 283 (Fla. 1933)…ror was remanded to the custody of the Sheriff of Escambia County to be held without bail on a charge of murder in the first degree. Writ of error affords the proper method of review of a judgment in habeas corpus proceedings. See Tyler v. Painter, 16 Fla. 144, and authorities there cited. [*284] If, however, a Circuit Court on petition refuses to issue a writ of habeas corpus then the petitioner may apply direct to this Court, presenting his original petition here which will be treated as an application…
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State v. Hardie, 108 Fla. 437 (Fla. 1933)…er to custody under the contempt commitment is res adjudicata of the lawfulness of the imprisonment under the contempt commitment. A judgment of the Circuit Court in a habeas corpus proceeding can only be reviewed by writ of error. Tyler v. Painter, 16 Fla. 144. A writ of habeas corpus should not be issued by the Supreme Court, or by a Justice thereof, except upon a showing of reasonable grounds to apprehend that the imprisonment complained of in the application for the writ, is without authority of law. L…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ex parte Edwards, 11 Fla. 174 (Fla. 1867)