State Ex Rel. Pepper v. Atkinson

In an action at law in the Civil Court of Record for Dade County a final judgment for defendant on demurrer was rendered May 29, 1929. The plaintiff took writ of error to the circuit court dated August 12, 1929, returnable September 16, 1929. A scire facias ad audiendum errores was issued August 12, 1929, returnable September 16, 1929. The scire facias was served August 28, 1929. On September 17, 1929, the defendant in error entered a “special appearance” in the circuit court and moved “to quash the writ of error and dismiss same” on a ground that the writ of error is made returnable less…