Legal Opinion

Tyler v. Painter

Supreme Court of Florida

Decided January 15, 1877PublishedCited by 6 opinions

This is an appeal from a judgment of the Circuit Court for Duval County, in a habeas corpus proceeding discharging the appellee from arrest made by the applicant as Marshal of the city of Jacksonville, upon a warrant issued by the Mayor of that city upon a charge of a violation by the appellee of an ordinance of the city. The opinion of the court states all the facts involved in the points decided.

1Opinion of the CourtJustice Westcott

This is an appeal from a judgment of the Circuit Court for the Fourth Judicial Circuit, rendered in a habeas corpus proceeding.

An appeal is not the method by which such proceedings are reviewed in this court. Under the statute regulating the subject a writ of error is the exclusive remedy. Thomp. Dig., 529-530. The method of proceeding under that statute is discussed in ex-pcvrte Finch, 15 Fla., 632, and in ex-parte Edwards, 11 Fla., 174. This writ of error is not regulated by the general statute upon the subject of writs of error. Thomp. Dig. 446-7. The practice as to notice and the terms…

2Cases cited1 opinion

  1. Ex parte EdwardsSupreme Court of Florida · 1867

3Cited by6 opinions

  1. State Ex Rel. Davis v. HardieSupreme Court of Florida · 1933
  2. Deeb v. GandySupreme Court of Florida · 1933
  3. Belch v. ManningSupreme Court of Florida · 1908
  4. McIver & Chamberlain v. MarshallSupreme Court of Florida · 1888
  5. Carlton v. JohnsonSupreme Court of Florida · 1911

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