HENRY BAARS, APPELLANT,
v.
W. F. & J. E. CREARY, APPELLEES
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The Florida Supreme Court held that an appeal bond approved by the Clerk after the term of court had adjourned was valid, denying a motion to dismiss the appeal. This decision clarified the procedure for perfecting appeals under a recent statute.
Yes, the appeal is valid. The statute permits the Clerk to approve the appeal bond even after the term has adjourned, as long as it is within the thirty-day period.
“In Alvord, Kellogg & Campbell vs. Little, 16 Fla., 158, decided in 1877, after the passage of chapter 3008, the second section of which provides that in all cases the bond maj? be approved by either the Judge or the Clerk, the appeal was entered in term,'but, as in this case, the bond was not approved until after the adjournment, and then, as appears by the record, it was approved by the Clerk, yet the appeal was sustained.”
This quote establishes the precedent relied upon by the court for sustaining the appeal.
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Join FLexlaw to unlock all legal intelligenceAn appeal was entered during a court term, but the appeal bond was not approved by the judge until after the term adjourned. The bond was subsequently…
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[*62] Mr. Justice Raney
delivered the opinion of the court:
The appeal was entered in term, but the appeal bond was not tendered or approved until after the adjournment of the term, when, within the thirty days allowed by the act of 1877, (chapter 3008) it was presented to and approved by the Clerk. Relying, upon the doctrine of Hall vs. Pinney, 13th Fla., 593, decided about A. D. 1870, it is moved to dismiss the appeal because it was not perfected by the Circuit Judge approving the bond during the term. In Alvord, Kellogg & Campbell vs. Little, 16 Fla., 158, decided in 1877, after the passage of chapter 3008, the second section of which provides that in all cases the bond maj? be approved by either the Judge or the Clerk, the appeal was entered in term,'but, as in this case, the bond was not approved until after the adjournment, and then, as appears by the record, it was approved by the Clerk, yet the appeal was sustained. We do not think the appeal should be dismissed. The motion will he denied, and it will be so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jackson v. Haisly, 27 Fla. 205 (Fla. 1891)
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Brown v. Wheeler & Wilson Mfg. Co., 25 Fla. 361 (Fla. 1889)
Authorities Cited
- Alvord v. Little, 16 Fla. 158 (Fla. 1877)