JOHN WILLIAM CLARK AND CORA B. WILLIAMS, FOR THE USE OF TOWNSEND-BOWER COMPANY, A CORPORATION, PLAINTIFFS IN ERROR,
v.
J. F. COCHRAN AND F. M. PHILLIPS, PARTNERS DOING BUSINESS UNDER THE FIRM NAME OF COCHRAN & PHILLIPS, DEFENDANTS IN ERROR
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The Florida Supreme Court dismissed a writ of error because the clerk's certificate for the transcript of record was defective. The court noted that the case could be reinstated if the proper procedures were followed.
No, the clerk's certificate was defective because it failed to state that the transcript contained a correct record of the judgment and a true copy of all directed papers and proceedings.
“The certificate of the clerk to the transcript of record is defective in that it fails to state that the transcript contains “a correct transcript of the record of the judgment” in the case; nor does the certificate state that the transcript contains “a true and correct recital and copy of all such papers and proceedings in said cause as appears upon the records and files” of the clerk’s office “that have been directed to be included in said transcript by the written demands of the said parties.””
This quote explains the specific defects found in the clerk's certificate for the transcript of record.
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Join FLexlaw to unlock all legal intelligenceThe plaintiffs in error filed a writ of error to a judgment from the Circuit Court for Franklin County in an ejectment action. The clerk's certificate…
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Ellis, J.
— Writ of error to the judgment of the Circuit Court for Franklin County in an action of ejectment brought by the plaintiffs in error against the defendants in error. The certificate of the clerk to the transcript of record is defective in that it fails to state that the transcript contains “a correct transcript of the record of the judgment” in the case; nor does the certificate state that the transcript contains “a true and correct recital and copy of all such papers and proceedings in said cause as appears upon the records and files” of the clerk’s office “that have been directed to be included in said transcript by the written demands of the said parties.” See Special Rule 3, Rules of Circuit Courts; also Rule 103.
The writ of error is dismissed upon the authority of the above rules and the following decisions of this court: Globe & Rutgers Fire Ins. Co. v. Lewallen, 56 Fla. 306, 47 South. Rep. 795; Keen v. State ex rel. Drane, 56 Fla. 241, 47 South. Rep. 924; Burnham v. Driggers, 44 Fla. 168, 32 South. Rep. 796; First Nat. Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275, 34 South. Rep. 893; Dees v. Cassels, 54 Fla. 485, 44 South. Rep. 1013; Ramsey v. Wells, 36 Fla. 88, 18 South. Rep. 181; Merchants’ Nat. Bank of Jacksonville v. Grunthal, 38 Fla. 93, 20 South. Rep. 809; McRainey v. Jarrell, 59 Fla. 585, 52 South. Rep. 10.
The cause may be reinstated upon compliance with the terms of Chapter 5898, Laws of 1909, Sec. 1705a, Florida Compiled Laws, 1914.
Dismissed. Browne, C. J., and Taylor, Whitfield and West, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Porter v. Eliza Carroll, 84 Fla. 62 (Fla. 1922)…erican State Papers. To reverse the judgment upon the ground that a technical error was made in the admission of the paper in evidence, would be in violation of the spirit and letter of chapter 6223 supra. The case of Clark et al. v. Cochran et al., 77 Fla. 98, 80 South. Rep. 745 is not authority for the admission in evidence of a copy of a record when the best evidence is available. The remaining assignment of error is based upon the court’s ruling excluding evidence offered by the defendant as to the p…
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Fain v. Bray, 98 Fla. 249 (Fla. 1929)…he respective parties, and the record having been seen and inspected it appears that a proper certificate, as required by Section 4629, Comp. Gen. Laws 1927, is not attached to the record, and the appeal is therefore dismissed. See Clark v. Cochran, 77 Fla. 98, 80 So R. 745. Terrell, C. J., and Ellis and Brown, J. J., concur..…
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Dorsey v. Griffins, 98 Fla. 1020 (Fla. 1929)…ontains a “true and correct recital and copy of all such papers and proceedings” that were directed to he included therein by the parties, as provided by rules of court. Special Rule 3, Dees v. Cassels, 54 Pla. 485, 44 So. R. 1013; Clark v. Cochran, 77 Fla. 98, 80 So. R. 745 and cases therein cited. The case should, therefore, be dismissed, but should be reinstated upon compliance with the terms of Section 4634, Comp. Gen. Laws of Florida. Per Curiam.—The record in this cause having been considered by t…
Authorities Cited
- Burnham v. Driggers, 44 Fla. 168 (Fla. 1902)
- The Merchs. Nat'l Bank of Jacksonville v. Isadore Grunthal, 38 Fla. 93 (Fla. 1896)
- First Nat'l Bank of Pensacola v. Oxford Lake Line, 45 Fla. 275 (Fla. 1903)
- Dees v. Cora S. Cassels, 54 Fla. 485 (Fla. 1907)
- The Globe & Rutgers Fire Ins. Co. v. Lewallen, 56 Fla. 306 (Fla. 1908)
- McRainey v. Jarrell, 59 Fla. 585 (Fla. 1910)
- Ramsey v. Wells, 36 Fla. 88 (Fla. 1895)
- Keen v. The State of Fla. ex rel. H. J. Drane & J W. Bryant, 56 Fla. 241 (Fla. 1908)