Sedgwick v. Dawkins
Supreme Court of Florida
Appeal from Duval Circuit Coúrt. • ’ Motion to dismiss the' appeal. ' ' ■' 1 .1 ' 1 ' . : O. P. Cooper, for" Appellee, ' submitted ' the' following points' on the motion to dismiss: 1. That the right of appeal is barred* by the lapse of time. , :,, , , ,. . , ,., , , , 2. There is no bill of exceptions filed . in this .case, as required by law and .the rules and practice of this court. 3. There is no lawful bond or.undertaking ¡filed, apparent upon the record. ... _ , , , ■,…
Read the full summary
Appeal from Duval Circuit Coúrt. • ’ Motion to dismiss the' appeal. ' ' ■' 1 .1 ' 1 ' . : O. P. Cooper, for" Appellee, ' submitted ' the' following points' on the motion to dismiss: 1. That the right of appeal is barred* by the lapse of time. , :,, , , ,. . , ,., , , , 2. There is no bill of exceptions filed . in this .case, as required by law and .the rules and practice of this court. 3. There is no lawful bond or.undertaking ¡filed, apparent upon the record. ... _ , , , ■, • „ , • ; 4. The costs of the court below have not bepn paid by the appellant., , 5. After a verdict had been rendered,…
1Opinion of the CourtWestcott, J.
There are several grounds upon which a dismissal of the appeal in this case is urged. We consider only one, which is, that the principal to the appeal bond here executed is the attorney of record of the appellant. Under the rules of the Circuit Court, an attorney of the court is prohibited from entering himself as security in an appeal on pain of being considered in contempt, and of having the proceeding dismissed on account thereof.
It has been the practice of this court to dismiss appeals upon this ground. This court, in Love vs. Sheffelin & Co., 7 Fla. 43, remark that this rule - is not…
2Cases cited1 opinion
- Love v. H. H. Sheffelin & Co.Supreme Court of Florida · 1857
3Cited by1 opinion
- Nash v. HaycraftSupreme Court of Florida · 1894