L. MONTGOMERY, APPELLANT,
v.
WALTER THOMAS APPELLEE

Fla. | 1898-06-01
40 Fla. 450 Florida Supreme Court (1898) Positive Treatment
Cited by 4 cases

Opinion of the Court
Per Curiam:

Per Curiam:

This cause being now reached in its regular order upon the docket for final disposition,, and it appearing to the court that the judgment sought to be reviewed is in an action at law, and that no writ of error has ever issued therein or been lodged in the court below, but that an appeal has been attempted to be taken therein, since the adoption of our Revised Statutes, by which to have the said judgment reviewed, it is, therefore, hereby ordered and adjudged that the said appellate proceedings in said cause are hereby dismissed, and the said cause is hereby stricken from the dockets of this Court at the cost of the appellant.

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Citator

Cited By

  • Clinton v. Colclough, 54 Fla. 520 (Fla. 1907)
    …rders and judgments entered by the circuit courts and circuit judges are from decrees and orders in equity and. probate causes. Secs. 1710, 1906 et seq. General Statutes of 1906; Finch v. Bonar, 46 Fla. 246, 35 South. Rep. 189; Montgomery v. Thomas, 40 Fla. 450, 25 South. Rep. 62. [*522] Section. 1690 of the General Statutes of 1906 pro* vides that “all proceedings to procure review by an appellate court of the proceedings of a lower court in cases at law shall be by writ of error, except in cases where ce…
  • Jones v. The Escambia Land & Mfg. Co., 55 Fla. 783 (Fla. 1908)
    …t of error in such a case is recognized. The sections of the General Statutes referred to do not provide for a review of the orders of the circuit court by appeal, and therefore the appeal in the instant case must be dismissed. Montgomery v. Thomas, 40 Fla. 450, 25 South. Rep. 62; Trabue v. Williams, 46 Fla. 228, 35 South. Rep. 872. Taylor and Parichill, JJ., concur; Shackleford, C. J., Cockrell and Whitfield, JJ., concur in the opinion.…

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