Moeller v. Stocker
Supreme Court of Florida
This case was decided by Division A. Writ of error to the Circuit Court for Palm Beach County. The facts in the case are stated in the opinion of the court.
1Per curiam
The writ of error in this cause was taken to a judgment in a habeas corpus proceeding awarding the custody of an infant child.
It does not appear that a scire facias was issued and served as required by law, and the defendant in error has not appeared in person or by counsel in this court. The writ of error was recorded in the chancery order book, but this does not give to this court jurisdiction of the defendant in error. Belch v. Manning, 55 Fla. 229, *34346 South. Rep. 91; Hardee v. Brown, 56 Fla. 377, 47 South. Rep. 834.
Even if this be a civil proceeding within the meaning of section 17Ó4 of the…
2Cases cited2 opinions
- Hardee v. BrownSupreme Court of Florida · 1908
- Belch v. ManningSupreme Court of Florida · 1908