SEABOARD AIR LINE RAILWAY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF VIRGINIA AND NORTH CAROLINA, AND DOING BUSINESS IN THE STATE OF FLORIDA, PLAINTIFF IN ERROR,
v.
J. S. BENNETT, DEFENDANT IN ERROR

Fla. | 1904-01-01
47 Fla. 215 Florida Supreme Court (1904) Positive Treatment
Cited by 6 cases
Opinion of the Court
Per Curiam.

Per Curiam.

— This cause came on to be finally heard upon the transcript of the record and briefs for the respective parties, and the court having duly considered same, and it appearing from an inspection of the transcript that no final judgment is exhibited in and by the record proper, it is therefore considered by the court that the writ of error herein taken be and the same is dismissed at the cost of plaintiff in error. Tunno v. International Ry. & Steamship Co., 34 Fla. 300, 16 South. Rep. 180.

Carter, P. J., and Maxwell and Cockrell, JJ., concur. Taylor, C. J., and Hocicer and Shackleford, JJ., concur in the opinion.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • State Rd. Dep't of the State of Fla. v. Crill, 99 Fla. 1012 (Fla. 1930)
    …a rule of this Court that where no final judgment appears in the record, whether a motion be made for the-purpose or not, the writ of error will be dismissed (Flournoy v. Interstate Elec. Co., 61 Fla. 214, 55 So. R. 983; S. A. L. Ry. Co. v. Bennett, 47 Fla. 215, 36 So. R. 86; Zaring & Co. v. Humphreys, 68 Fla. 6, 65 So. R. 665; Goldring v. Reid, 60 Fla. 78, 53 So. R. 503) and the Court will not. consider the errors assigned. Graves v. Harris, 61 Fla. 254, 54 So. R. 390; Goldring v. Reid, supra. In the pro…
  • Wm. W. Flournoy v. Interstate Elec. Co., 61 Fla. 214 (Fla. 1911)
    …no final judgment appears in the transcript of the record proper, the court should not proceed to consider the errors assigned, but should dismiss the writ of error, whether a motion be made for that purpose or not. Seaboard Air Line Ry. v. Bennett, 47 Fla. 215, 36 South. Rep. 86; Goldring v. Reed, 61 Fla. 250, 53 South. Rep. 503; Graves v. Harris, 61 Fla. 254, 54 South. Rep. 390. The rules contemplate that in making up a transcript of the record to be transmitted to the appellate court in response to a w…
  • Gilbert v. State, 98 Fla. 599 (Fla. 1929)
    …nasmuch.as the record before him did not show the judgment of the County Judge’s Court. J. T. & K. W. Ry. Co. v. Bay, 34 Fla. 389, 16 So. R. 290; Tunno v. The International Ry. & S. S. Co., [*602] 34 Fla. 300, 16 So. R. 180; S. A. L. Ry. v. Bennett, 47 Fla. 215, 36 So. R. 86; Jumeau, Admr., v. Camp, 48 Fla. 82, 37 So. R. 462. In the same case there should not be a judgment of affirmance and also an order of judgment dismissing the appeal. If we test the petition by the allegations most unfavorable to the…

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