A. SOLARY AND G. H. BROWN, PARTNERS DOING BUSINESS AS SOLARY & BROWN, PLAINTIFFS IN ERROR,
v.
J. D. WEED AND WILLIAM D. KRENSON, PARTNERS DOING BUSINESS AS J. D. WEED & CO., DEFENDANTS IN ERROR
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The Florida Supreme Court dismissed a writ of error because the plaintiffs in error failed to serve a scire facias ad audiendum errores on the defendants in error, who had not appeared in court. This procedural defect led to the dismissal of the appeal.
Yes, the writ of error must be dismissed because the required service of a scire facias was not performed, and the defendants in error did not appear.
“it should be dismissed because of a want of service of any scire facias ad audir endum errores on defendants in error”
This quote explains the primary reason for the dismissal of the writ of error.
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Join FLexlaw to unlock all legal intelligenceA writ of error was sued out by A. Solary and G. H. Brown against J. D. Weed and William D. Krenson. The writ was returnable to the January term, A. D…
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Per Curiam
The above styled cause came on for final disposition in its regular order and was referred by the court to two of its Commissioners, Maxwell and Glen, for examination who have reported that the same should be dismissed because of a want of service of any scire facias ad audir endum errores on defendants in error, and, it appearing to the court that the writ of error in the cause was sued out on the twenty-seventh day of August, A. D. 1896, returnable to the January term, A. D. 1897, of this court and that no scire facias has been issued and served upon defendants in error and that they have not appeared in this court, it is, therefore, ordered and adjudged that said writ of error be and the same is hereby dismissed at cost of plaintiff in error, A. Solary.
(Chief-Justice Taylor, on account of sickness in his family, did not participate in this decision.)