Hill Etc. v. Barns
Supreme Court of Florida
1Opinion of the CourtWhitfield, P.J.
A rule in Prohibition was issued here upon ground that in appellate proceedings from the Civil Court of Record for Dade County to the Circuit Court for that county, the Circuit Court erroneously denied a motion to dismiss the writ of error in the cause upon grounds that no seire facias had been issued and served upon the defendants in error, it being contended that the issuance and service of a scire facias is required by sections 4622-23 C. G. L. and that there is no waiver of such service and no general appearance of the defendants in error in the intermediate appellate court.
The appearance…
2Cases cited4 opinions
- First National Bank v. Board of Public InstructionSupreme Court of Florida · 1927
- Spencer v. Travelers' InsuranceSupreme Court of Florida · 1897
- Pyles v. BeallSupreme Court of Florida · 1896
- State Ex Rel. Pepper v. AtkinsonSupreme Court of Florida · 1929
3Cited by3 opinions
- Fisher v. GuidySupreme Court of Florida · 1932
- State Ex Rel. Associated Utilities Corp. v. ChillingworthSupreme Court of Florida · 1938
- Certain Lots Upon Which Taxes Are Delinquent v. Town of MonticelloSupreme Court of Florida · 1947