Legal Opinion

Butler v. Thompson

Supreme Court of Florida

Decided January 15, 1848PublishedCited by 6 opinions

This cause was tried in the Leon Circuit Court, before Judge Baltzell, and comes up on Writ of Error. A full statement of the case is given by the Chief Justice, who delivered the opinion of the Court. If the judgment of the Court upon the motion in arrest was incomplete on the record, amendments at any time would be allowed to complete and perfect it, there being that in the record to amend by.

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This cause was tried in the Leon Circuit Court, before Judge Baltzell, and comes up on Writ of Error. A full statement of the case is given by the Chief Justice, who delivered the opinion of the Court. If the judgment of the Court upon the motion in arrest was incomplete on the record, amendments at any time would be allowed to complete and perfect it, there being that in the record to amend by. Nevertheless, the order is final, as much so as any other informal entry of judgment. If the order was final, the further proceedings at the next term, being without notice to defendant, are of course…

1Opinion of the Court

Douglas, Chief Justice:

This is an action of debt instituted by the defendants in error in the Leon Circuit Court against Alexander Patterson, Thomas J. Latham, and Bradley McKimmy. The writ is in the following words to wit:

«STATE OF FLORIDA.

“ To THE SHERIFF OF LeON COUNTY — GREETING.
“We command you to summon Alexander Patterson, Thomas J. Latham, and Bradley McKimmy, if they are within the County of Leon, personally to be and appear before the Judge of our Circuit Court for said County, in Tallahassee, on the second Monday in November next, being the first day of our next term, to answer…

2Cases cited4 opinions

  1. Thatcher v. MillerMassachusetts Supreme Judicial Court · 1814
  2. Saltus v. BayardNew York Supreme Court · 1834
  3. Williams v. Little White Lick Gravel Road Co.Indiana Superior Court · 1871
  4. Penny v. Van CleefThe Superior Court of New York City · 1828

3Cited by6 opinions

  1. Gregory v. McNealySupreme Court of Florida · 1868
  2. Craver v. Ramagli Realty Co.District Court of Appeal of Florida · 1959
  3. Herman v. HawleySupreme Court of Kansas · 1925
  4. Bergovoy v. Atlantic Electric, Inc.District Court of Appeal of Florida · 1962
  5. Saunders v. HarrisNorth Dakota Supreme Court · 1912

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