SAVANNAH, FLORIDA AND WESTERN RAILWAY CO., APPELLANTS,
v.
S. L. CLARK, APPELLEE

Fla. | 1887-06-01
23 Fla. 308 Florida Supreme Court (1887) Positive Treatment
Cited by 4 cases
Opinion of the Court

The Chiee-Justice delivered the opinion of the court í

Appellee moved the court to dismiss the appeal in this cause because the bond therein was not executed as required by law. The motion must be granted. An inspection of the bond shows that it purports on the face of it to be the bond of the Savannah, Florida and Western Railway Company, by its agent, J. M. Hardaway. It is signed “ J. M. Hardaway, Agent Savannah, Florida and Western Railroad Company.” This is not the bond of the defendant, it is the bond of the agent. Our statute requires that the defendant shall give bond. Thompson’s Digest, p. 446, sec. 2.

Let the appeal be dismissed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Callison v. Atl. Coast Line R.R. Co., 82 Fla. 516 (Fla. 1921)
    …be proper practice to dismiss the writ of error upon proof that plaintiff in error had failed to comply with this provision of the statute. Brown v. Wheeler & Wilson Mfg. Co., 25 Fla. 361, 5 South. Rep. 673; Savannah, Florida, etc. Ry. Co. v. Clark, 23 Fla. 308, 2 South. Rep. 667; Benbow v. Marquis & Co., 17 Fla. 236 It follows from what has been said that the motion to dismiss should be granted. Writ of Error dismissed. Browne, C. J., and Taylor, Whitfield and Ellis, J. J., concur.…
  • Webster v. Wailes, 35 Fla. 267 (Fla. 1895)
    …, by this [*274] court where the question was directly presented as to whether it was necessary for the appellant himself to give the bond where he was the defendant in the court below, is the case of Savannah, Florida & Western Ry. Co. vs. Clark, 23 Fla. 308, 2 South. 667. In that case the defendant appellant was a corporation, and the appeal bond was signed for it by one Hardaway, “as agent.” Whether the bond was sealed with the corporate seal or not, is not stated; neither is it stated whether the b…

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