JOHN MILLER AND BRYAN CROOM, APPELLANTS,
v.
FREDERICK HOC, SURVIVOR, &C.

Fla. | 1847-01-01
1 Fla. 197 Florida Supreme Court (1847) Positive Treatment
Cited by 9 cases
Topics
Judicial Precedent Remand Stare Decisis Appellate Review

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Opinion of the Court
Hawkins, Justice;

Hawkins, Justice;

This case must be governed by the decision of the Court in the preceding case, as the same points are involved in it; the pleadings seem substantially the same, and the record shows the same errors committed in this case as in the one, just decided.

It is therefore ordered, adjudged, and decreed, that the judgment be reversed, and that this cause be remanded to the Court below for further proceedings, in accordance with the views contained in the opinion in the other case between the same parties.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Abe Washington v. State, 92 Fla. 740 (Fla. 1926)
    …rm passed at which it was pronounced, the power of the Court over the record ceases and the judgment possesses a solemnity and sanctity which holds it sacred, and cannot be even appealed from, much less recalled.” Citing Horn’s Executors v. Gartman, 1 Fla. 197; Bobb v. Bobb, 2 A. K. Marshall, 240. See also Forcheimer v. Tarble, 23 Fla. 99, 1 So. 695. The prevailing rule is that an appellate court is withoui power to recall a mandate regularly issued without inadvertence and resume jurisdiction of the cau…
  • Trs. Internal Improvement Fund v. Bailey, 10 Fla. 238 (Fla. 1864)
  • Olds v. Alvord, 139 Fla. 745 (Fla. 1939)
    …ion that the motions attacking said order are ndt well founded, and should be denied. Wi-iitfield and Buford, J. J., concur. Note. Most of our Florida cases which have a bearing upon the question above discussed are the following: Horn v. Gartman, 1 Fla. 197; Trustees of I. I. Fund v. Bailey, 10 Fla. 238; Forcheimer v. Tarble, 23 Fla. 99, 1 So. 695; Lovett v. State, 29 Fla. 384, 11 So. 179; Brown v. State, 29 Fla. 494, 11 So. 181; Merchants’ National Bank v. Grunthal, 39 Fla. 388, 22 So. 685; Washington…

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