W. L. LAW, PLAINTIFF IN ERROR,
v.
R. W. ZIMMERMAN, DEFENDANT IN ERROR

Fla. | 1924-05-01
Whitfield, P. J., and West and Terrell, J. J., concur.
87 Fla. 421 Florida Supreme Court (1924) Positive Treatment
Cited by 6 cases
Opinion of the Court
Per Curiam.

[*422] Per Curiam.

The writ of error herein is dated November 3, 1923, and is made returnable December 3, 1923. The statute provides that writs of error “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. 2908, Rev. Gen. Stats. 1920.-

The writ of error in this case is made returnable thirty days from its date, and not “more than thirty days from the date of the writ,” as is specially required by the statute, therefore the writ of error being in violation of the statute is hereby dismissed. See Savannah, F. & W. Ry. Co., v. Justice, 41 Fla. 508, 26 South. Rep. 704; Anderson v. State, 73 Fla. 86, 74 South. Rep. 6.

Dismissed.

Whitfield, P. J., and West and Terrell, J. J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Provident Sav. Bank & Tr. Co. v. Devito, 98 Fla. 1076 (Fla. 1929)
    …r of the appeal, and such an appeal so taken should be dismissed by the Court sua sponte. Griffith v. Henderson, 52 Fla. 507, 42 So. R. 705; Anderson v. State, 73 Fla. 86, 74 So. R. 6"; Adams v. State, 94 Fla. 1156, 115 So. R. 530; Law v. Zimmerman, 87 Fla. 421, 100 So. R. 528; Mut. Life Ins. Co. v. Hartley, 92 Fla. 237, 109 So. R. 421. The provisions of Chapter 11890, Acts 1927, Sections 4635-6, Comp. Gen. Laws 1927, legally cannot and properly interpreted do not dispense with prescribed requirements tha…
  • Adams v. State, 94 Fla. 1156 (Fla. 1927)
    …case, and the writ will be dismissed by the appellate court of its own motion. Savannah, Florida & W. Ry. Co. v. Justice, 41 Fla. 508, 26 So. 704; Rye v. Banks, 66 Fla. 434, 63 So. 825; Anderson v. The State, 73 Fla. 86, 74 So. 6; Law v. Zimmerman, 87 Fla. 421, 100 So. 528; Griffith v. Henderson, 52 Fla. 507, 42 So. 705; McJunkin v. Stevens, 88 Fla. 559, 102 So. 756; Mutual Life Ins. Co. v. Hartley, 109 So. 421. As the writ of error in this case was made returnable sixteen days after it was issued and dat…
  • Perez v. The State of Fla. ex rel. J. T. Watson, 100 Fla. 1750 (Fla. 1930)
    …he 14th day of June A. D. 1930 and made returnable to this Court on the 14th day of July 1930, it is thereupon ordered by .the Court that the writ of error herein be and the same is hereby dismissed upon the authority of the case of Law v Zimmerman, 87 Fla. 421. Terrell, C. J., and Whitfield, Ellis, Brown and Buford, J. J., concur.…

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