Dawkins v. Carroll
Supreme Court of Florida
This was a Writ of Error, under the act of 1852~’3, to an order of the Circuit Court of Leon County, granting a new trial to the defendant in error. The Writ of Error was issued, and the cause taken to the Supreme Court, before it was finally decided in the Court below upon the new trial granted.
1Opinion of the Court
BALTZELL, C. J.,
delivered the opinion of the.Court.
It was not the design of the Legislature, as we conceive, in the passage of the act of 1852-’3, “ in addition to and amendatory of the several acts concerning Writs of Error and Appeals to the Supreme Court,” to allow a Writ of Error to an order granting a new trial. That act provider *408“ that orders and judgments wherein the Circuit Court shall allow and grant, or shall refuse to allow and grant any motion for a new trial, or any motion to amend the pleadings, or to file new and additional pleadings, or to amend the record of any cause during…
2Cited by3 opinions
- Fisk v. HenarieOregon Supreme Court · 1887
- Anderson v. Presbyterian ChurchSupreme Court of Florida · 1869
- L. A. Hardee & Co. v. LangfordSupreme Court of Florida · 1855