Florida Reports Volume 34

Florida Reports Volume 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...dismissed here on the 15th day of February, 1889, because no appeal bond had been filed by appellant, and permission was then granted him to use the transcript of the record on file on a writ of error. On the same day writs of error and scire facias ad (mdz'e22rZ2/22z-0/'r0/'cs were issued from this court, returnable to the following June Term, 1889. The scire f'acia.s' to hear errors was received by the sheriff of Leon county on the day of its issuance, and was on the same day executed "by serving a true copy on Joe Vl1ite, attorney of record in within case." From the endorsements on the writ of error it appears that it was received by the sherill of Suwannee county on the 17th day of February, 1889, and was executed March 17th, 1890, by delivering a copy to the Clerk of the Circuit Court for Suwannee county, and at the same time reading to him the ori_, rinal. The acts of the sheriff of Suwannee county were in his capacity of sheriif of that county, and not as deputy of the sheriff of this court. There is also the following endorsement on the writ of error, over the signature of the Clerk of the Circuit Court of Suwannee county, ciz: "The execution of this writ appears by the certified' transcript now on file in the Supreme Court. This March 17th, 1890." Defendants in error in March, 1890, made a motion to dismiss the writ of error because it had not been served until after the expiration of the term to which it was returnable, and had not been served by the sheriff of this court, and no proper bond had been executed. The motion must now be disposed of on the above state of facts disclosed by the record before us. l'he service of the sc1're_/'ac/'as was notin compliance with the...show more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236953487
  • 9781236953483