Hall v. Penny
Supreme Court of Florida
Appeal from the Circuit Court for Escambia county. Judgment having been rendered against the appellants, who were plaintiffs in the Circuit Court, and a motion for a new trial having been made by them, which motion was denied on the 4th day of October, A. I). 1869, the plaintiffs, on the 9th day of October, prayed an appeal, which was granted. On the same day, the said Circuit Court was adjourned for the term.
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Appeal from the Circuit Court for Escambia county. Judgment having been rendered against the appellants, who were plaintiffs in the Circuit Court, and a motion for a new trial having been made by them, which motion was denied on the 4th day of October, A. I). 1869, the plaintiffs, on the 9th day of October, prayed an appeal, which was granted. On the same day, the said Circuit Court was adjourned for the term. On the 4th day of November the appeal bond was approved by the Judge and filed. The respondent now moves that the said appeal be dismissed, because the said bond was not approved and…
1Opinion of the CourtRandall, C. J.
The statute of Feb’y 10, 1832, Th. Dig., 446, provides that if either party shall feel aggrieved by a final judgment, it shall be lawful for such party, during the session of the court at which the judgment is pronounced, or within ten days thereafter, to obtavn in court, if the appeal be made in term time, or in the clerk’s office if it be in vacation, his appeal to the Supreme Court, and an appeal obtained shall mi all cases operate as a supersedeas. The party appealing shall give bond. If the said appeal be applied for in term time, the application shall be made in open court, and so…
2Cases cited1 opinion
- Union Bank ex rel. Morrison v. McBrideSupreme Court of Florida · 1848
3Cited by4 opinions
- Austin v. Town of OviedoSupreme Court of Florida · 1957
- Fleming v. FlemingSupreme Court of Florida · 1898
- Jackson v. HaislySupreme Court of Florida · 1891
- Baker v. ChatfieldSupreme Court of Florida · 1887