Hays' Administratrix v. McNealy
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. This is an action brought under the Code by respondent against the appellant. The case was tried in the Circuit Court at Fall Term, A. D. 1875, while the Hon. W. W. YanEess was Judge of the First Judicial Circuit, embracing Jackson county. There was a verdict for the respondent. The appellant, McEealy, moved for a new trial.
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Appeal from the Circuit Court for Jackson county. This is an action brought under the Code by respondent against the appellant. The case was tried in the Circuit Court at Fall Term, A. D. 1875, while the Hon. W. W. YanEess was Judge of the First Judicial Circuit, embracing Jackson county. There was a verdict for the respondent. The appellant, McEealy, moved for a new trial. Judge YanEess held this motion under advisement, and on the 28th day of March, 1877, filed an order denying it. McEealy, the appellant, who had excepted to rulings of the judge upon the admissibility of testimony and other…
1Opinion of the CourtJustice Westcott
The motion is to dismiss the appeal upon the ground that the case and exceptions were not settled by the judge before whom the cause was tried. The case and exceptions were settled by his successor in office, the judge before whom the case was tried having gone out of office. It is contended ■ that this act of the succeeding judge was without authority and void; that there is no case or exceptions, and that for this reason'the appeal should be dismissed. The proper motion here would be to strike from this record what purports to be a case and exceptions, because these are circumstances under…
2Cases cited2 opinions
- Ketcham v. HillIndiana Supreme Court · 1873
- Smith v. BaughIndiana Supreme Court · 1869
3Cited by9 opinions
- State of Florida v. SullivanSupreme Court of Florida · 1928
- Storrie v. ShawTexas Supreme Court · 1903
- Bacon v. StateSupreme Court of Florida · 1886
- Atlantic Coast Line Railroad v. MallardSupreme Court of Florida · 1907
- Conway v. Smith Mercantile Co.Wyoming Supreme Court · 1896
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