Legal Opinion
Payne v. Roche
Supreme Court of Florida
Decided June 15, 1899PublishedCited by 4 opinions
Writ of error to the Circuit Court for Washington county. The facts in the case are stated in the opinion of the court.
1Opinion of the Court
Per Curiam :
It appearing to< the court that the writ of error in this cause was issued on a day of the January term, A. D. 1893, of this court and made returnable tO' a day in said *479term in violation of the statute (Section 1270, Revised Statutes,), and the court is without jurisdiction of the subject-matter (Fleming v. Fleming, 40 Fla. 154, 23 South. Rep. 571; Browning v. State, 40 Fla. 466, 25 South. Rep. 62; Simmons v. State, 40 Fla. 467, 25 South. Rep. 62; Savannah, Florida & Western Ry. Co. v. Justice, 41 Fla. —, 26 South. Rep. 704), it is, therefore, ordered that said cause be stricken…
2Cases cited3 opinions
- Browning v. StateSupreme Court of Florida · 1898
- Fleming v. FlemingSupreme Court of Florida · 1898
- Simmons v. StateSupreme Court of Florida · 1898
3Cited by4 opinions
- McJunkins v. StevensSupreme Court of Florida · 1925
- Gadsden v. StateSupreme Court of Florida · 1918
- Barnett v. HicksonSupreme Court of Florida · 1904
- Bishop v. I. L. Lyons & Co.Supreme Court of Florida · 1901