MARY A. SIMMONS, PLAINTIFF IN ERROR,
v.
T. HARPER BEVILL, DEFENDANT IN ERROR
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court dismissed a writ of error because the court lacked jurisdiction over the defendant in error due to a flawed scire facias return date. This highlights the importance of proper procedural steps for appellate jurisdiction.
No, the Florida Supreme Court did not have jurisdiction over the defendant in error because the scire facias was made returnable to a past date, failing to properly bring the defendant into court.
“it appears to the court that the writ of error therein was issued on the 2nd day of September, 1895, and.made returnable to the second Tuesday in January, A. D. 1896, and that the scire facias ad audiendum errores therein served on the defendant in error was issued on the said 2nd day of September, A. D. 1895, but was made returnable to the second Tuesday in January, A. D. 1895”
describes the procedural timeline and the critical error in the scire facias return date.
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Join FLexlaw to unlock all legal intelligenceA writ of error was issued on September 2, 1895, returnable in January 1896. However, the accompanying scire facias, also issued on September 2, 1895,…
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Per Curiam.:
This cause being reached in its regular order on the docket for final consideration, it appears to the court that the writ of error therein was issued on the 2nd day of September, 1895, and.made returnable to the second Tuesday in January, A. D. 1896, and that the scire facias ad audiendum errores therein served on the defendant in error was issued on the said 2nd day of September, A. D. 1895, but was made returnable to the second Tuesday in January, A. D. 1895, and the said defendant in error not having brought himself within the jurisdiction of this court, by any manner of appearance, and this court not having acquired jurisdiction over the person of the defendant in error, it is hereby ordered that the writ of error in said cause be and the same is hereby dismissed at the cost of the plaintiff in error.