M. L. ANDERSON, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR

Fla. | 1917-01-25
73 Fla. 86 Florida Supreme Court (1917) Positive Treatment
Cited by 18 cases
Opinion of the Court
Per Curiam.

Per Curiam.

The writ of error taken'herein was dated and issued August 2nd, 1916, and made returnable August 16th, 1916, and must be dismissed as having been taken in violation of the statute requiring that such writ “shall be returnable to a day, either in term time or vacation more than thirty days and not more than ninety days from the date of the writ.” Sec. 1698 Gen. Stats. 1906, as amended by Chap. 5638, Acts 1907, Sec. 1698 Comp. Laws 1914. See Browning v. State, 40 Fla. 466, 25 South. Rep. 62. The fact that the Attorney General has not moved to dismiss the writ of error does not make the writ as issued effective. The writ of error is dismissed.

Browne, C. J., and Taylor, Shackleford, Whitfield and Ellis, JJ., concur. 5

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • McJunkins v. Stevens, 88 Fla. 559 (Fla. 1925)
    …s or implied appearance is of no avail. DeBogory v. Hafleigh, 81 Fla. 631, 88 South. Rep. 470; Reed v. Cromer, 86 Fla. 390, 98 South Rep. 329; Driggs v. Higgins, 19 Fla. 103; Griffith v. Henderson, 52 Fla. 507, 42 South. Rep. 705; Anderson v. State, 73 Fla. 86, 74 South. Rep. 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.…
  • Harrison Reed and Catherine Harriet Reed v. Mendel Cromer, 86 Fla. 390 (Fla. 1923)
    …he appellee cannot of itself give the court jurisdiction of the subject-matter of the appeal, and such an appeal so taken should be dismissed by the Court sua spante. Griffith v. Hender [*393] son, 52 Fla. 507, 42 South. Rep. 705; Anderson v. State, 73 Fla. 86, 74 South. Rep. 6.” This follows a long line of decisions to the same effect, and the rule seems firmly established in this State. The only question involved in this hearing, that has not been expressly decided by this court, is whether the statut…
  • Adelaide S. DeBogory and P. DeBogory v. Hafleigh, 81 Fla. 631 (Fla. 1921)
    …ce of the appellee cannot of itself give the court' jurisdiction of the subject-matter of the appeal, and such an appeal so taken should be dismissed by the court sua sponte. Griffith v. Henderson, 52 Fla. 507, 42 South. Rep. 705; Anderson v. State, 73 Fla. 86, 74 South. Rep. 6. The appeal in this case was entered December 14, 1920, and made returnable January 10, 1921. The return day is less than thirty days from the date of the entry of the [*634] appeal, which is a violation of the statute, and for wh…

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