O. J. WHITAKER, PLAINTIFF IN ERROR,
v.
BERTHA J. WRIGHT, A FREE DEALER, DEFENDANT IN ERROR
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The Florida Supreme Court denied a motion to dismiss a writ of error, finding that the orders in question were part of the record proper and did not require a bill of exceptions. The case involved an appeal of an order vacating a non-suit.
Yes, the orders vacating the non-suit and reinstating the cause were part of the record proper and did not require a bill of exceptions.
“The grounds of the motion are that all errors are predicated upon matters in pais and that such matters are not evidenced by a bill of exceptions.”
States the basis for the motion to dismiss the writ of error.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error sued out a writ of error to a final judgment. The defendant in error moved to dismiss the writ, arguing that the errors assigne…
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Mati-iews, Commissioner:
This cause is presented upon motion to dismiss the writ of error herein which was sued out to a final judgment.
The grounds of the motion are that all errors are predicated upon matters in pais and that such matters are not evidenced by a bill of exceptions.
Several errors are assigned by plaintiff in error questioning the correctness of an order of the court below in vacating and setting aside an order of non-suit and reinstating of the cause on the trial docket.
The order of non-suit and the order reinstating the cause are contained in the transcript. These orders are a part of the record proper. Poppell v. Culpepper, 56 Fla. 515, 47 So. R. 351.
It was not necessary for defendant in error to have taken a non-suit in the court below. Circuit Court Rule 51;, Haile v. Mason Hotel & Inv. Co., 71 Fla. 469, 71 So. R. 540. And no reason for dismissing the writ of error has been' made to appear. Motion denied.
Per Curiam.
The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered and ordered by the Court that the motion to dismiss the writ of error herein should be, and the same is hereby, denied.
Terrell, C. J., and Whitfield, Ellis, Strum, Brown and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Haile v. Mason Hotel & Inv. Co., 71 Fla. 469 (Fla. 1916)
- Poppell v. Culpepper, 56 Fla. 515 (Fla. 1908)