SAVANNAH, FLORIDA & WESTERN RAILWAY COMPANY, PLAINTIFF IN ERROR,
v.
JOHN W. JUSTICE, DEFENDANT IN ERROR
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The Florida Supreme Court dismissed a case on rehearing because the writ of error was void and did not grant the court jurisdiction. The court found the writ was made returnable contrary to law.
No, a writ of error made returnable contrary to law is void and does not grant the court jurisdiction.
“the writ of error in said cause was issued on the eleventh d'ay of June, A. D. 1898, two clear days prior to' the first day of the June term, 1898, of this court, but is made returnable to the first day of the January term, - A. D. 1899, contrary to law — §1270, Rev. Stats.' — and is, therefore, void, and does not give to this court jurisdiction of said cause”
This quote explains the specific procedural defect that led to the dismissal.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceA writ of error was issued on June 11, 1898, two days before the June term of court. However, the writ was made returnable to the January term, 1899, …
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Per Curiam :
This cause coming on to' be heard upon a rehearing of the former decision of the court therein made on April 12th, 1899, whereby the said cause was dismissed and stricken from the dockets of this court, and it now appearing to the court that the writ of error in said cause was issued on the eleventh d'ay of June, A. D. 1898, two clear days prior to' the first day of the June term, 1898, of this court, but is made returnable to the first day of the January term, - A. D. 1899, contrary to law — §1270, Rev. Stats.' — and is, therefore, void, and does not give to this court jurisdiction of said cause, the said cause is, therefore, stricken from the dockets of this court and dismissed. Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. Rep. 62; Price v. Broward, 39 Fla. 194, 22 South. Rep. 650; Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McJunkins v. Stevens, 88 Fla. 559 (Fla. 1925)…6; Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. [*569] Rep. 62; Payne v. Roche, 41 Fla. 478, 27 South. Rep. 29; Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571; Savannah, F. & W. Ry. Co. v. Justice, 41 Fla. 508, 26 South. Rep. 704; Price v. Broward, 39 Fla. 194, 22 South. Rep. 650; Player v. Bokenfehr, 40 Fla. 415, 34 South. Rep. 472. The Constitution or statute gives a Court power to adjudicate litigated matters in classes of causes, and an appeal or Wri…
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The Mut. Life Ins. Co. v. Hartley, 92 Fla. 237 (Fla. 1926)…. J 1209. . Where a writ of error is made returnable to a day not authorized by law, the writ is ineffectual and will be dismissed. Driggs v. Higgins, 19 Fla. 103; Rye v. Banks, 66 Fla. 434, 63 South. Rep. 825; Savannah, F. & W. Ry. Co. v. Justice, 41 Fla. 508, 26 South. Rep. 704; Anderson v. State, 73 Fla. 86, 74 South. Rep. 6. When a purported writ of error is not even colorably the writ of the court to which it is returnable, it is not amendable and will be dismissed. Bondurant v. Watson, 103 U. S. 27…
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Gadsden v. State, 76 Fla. 543 (Fla. 1918)…. Jackson, 55 Fla. 657, 45 South. Rep. 987; Parker v. Evening News Pub. Co., 54 Fla. 482, 44 South. Rep. 718; Barnett v. Hickson, 48 Fla. 68, 37 South. Rep. 210; Ghira v. Foster, 46 Fla. 196, 35 South. Rep. 876; Savannah, F. & W. Ry. Co. v. Justice, 41 Fla. 508, 26 South. Rep. 704; Payne v. Roche, 41 Fla. 478, 27 South. Rep. 29; Simmons v. State, 40 Fla. 467, 25 South. Rep. 62; Browning v. State, 40 Fla. 466, 25 South. [*545] Rep. 62; Spencer v. Travelers’ Ins. Co., 39 Fla. 677, 23 South. Rep. 442. Dismis…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fleming v. Fleming, 40 Fla. 154 (Fla. 1898)
- Browning v. State, 40 Fla. 466 (Fla. 1898)
- Simmons v. State, 40 Fla. 467 (Fla. 1898)
- Price v. Broward, 39 Fla. 194 (Fla. 1897)