Harris v. Ferris
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. The former appeal referred to in the opinion was dismissed at the June Term, A. D. 1880, on account of the failure of the appellant to file in this court a transcript of the record and proceedings, as required by the statute and rules of practice. The other facts are stated in the opinion.
1Opinion of the Court
The Chiee-Justice
delivered the opinion of the court.
At the June Term, 1880, an appeal was dismissed under the statute. (Th. Dig., 448.)
A new appeal was afterwards taken, and amotion is now made to dismiss it on the ground that the former appeal having been dismissed, the decree was thereby affirmed and the right of appeal exhausted.
An appeal dismissed for informality does not prevent a party appealing a second time within the time prescribed by law for taking appeals. (Yeaton vs. Lenox, 8 Peters, 123.)
Where an appeal has been dismissed for want of prosecution, a second appeal may be allowed.…
2Cases cited5 opinions
- Yeaton and Others v. Lenox and Others.Supreme Court of the United States · 1834
- Of the Steamer Virginia v. WestSupreme Court of the United States · 1857
- Brill v. MeekSupreme Court of Missouri · 1855
- Benbow v. Marquis & Co.Supreme Court of Florida · 1880
- United States v. FremontSupreme Court of the United States · 1856
3Cited by10 opinions
- Glasser, Kuder & Ottensoser v. HackettSupreme Court of Florida · 1896
- Groendyke v. MusgraveSupreme Court of Iowa · 1904
- Johnson, Daniels & Co.v. Polk CountySupreme Court of Florida · 1888
- Boner v. Fall River County BankWyoming Supreme Court · 1917
- Kelner v. CowdenWest Virginia Supreme Court · 1906
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