Union Bank ex rel. Morrison v. McBride
Supreme Court of Florida
moved the Court, that this Writ of Error be dismissed. 1st. Because plaintiff in error (who was original plaintiff) had not, at the time of suing out the writ, paid costs. 2nd. Because the plaintiff in error had not given a bond for costs, in such case provided by law. * stated : He did not know that costs had been paid, but thought it probable that, pursuant to a general understanding between the Clerk of the Circuit Court and himself, the costs had been charged to him.
Read the full summary
moved the Court, that this Writ of Error be dismissed. 1st. Because plaintiff in error (who was original plaintiff) had not, at the time of suing out the writ, paid costs. 2nd. Because the plaintiff in error had not given a bond for costs, in such case provided by law. * stated : He did not know that costs had been paid, but thought it probable that, pursuant to a general understanding between the Clerk of the Circuit Court and himself, the costs had been charged to him. Also, that a bond for costs in this Court has not been given, and that Morrison, the real plaintiff in interest, resides in…
1Opinion of the Court
Lancaster, Justice:
This cause comes up by Writ of Error, from the Circuit Court for Jefferson County, Chief Justice Thomas Douglas having sat at the trial. »
*8The statute of February 12, 1836, Thompson’s Digest, 447, section 5, referred to by defendant’s attorney, provides that “ no “ appeal, or Writ of Error, shall hereafter be granted to tho original “ plaintiff in any suit, unless said plaintiff first pay all costs which “ may have accrued, in and about said suit, up to tho time when “ said appeal or Writ of Error is prayed; and, also, ontor into bond, “ with one or more securities, in a sum…
2Cited by7 opinions
- Thompson v. LeaSupreme Court of Alabama · 1856
- City of Miami v. MurphySupreme Court of Florida · 1962
- Callison v. Atlantic Coast Line RailroadSupreme Court of Florida · 1921
- Jackson v. HaislySupreme Court of Florida · 1891
- Hall v. PennySupreme Court of Florida · 1869
2 more not listed; retrieve them via the Exa API.