Johnson, Daniels & Co.v. Polk County
Supreme Court of Florida
"Writ of Error to the Circuit Court for Polk county. This was a motion to dismiss the writ of error. An appeal in the same case was dismissed at the January term, 1887, for failure to make deposit or file bond to secure the Clerk’s costs. See 23 Fla., 58. The other facts of the ease are sufficiently stated in the opinion.
1Opinion of the CourtJustice Raney
'The dismissal of an appeal for failure to comply with -some substantial requirement of the law governing appeals does not bar a second appeal nor a writ of error, ta*29ken within the time allowed by the statutes for taking appeals and writs of error. Harris vs. Ferris, 18 Fla., 81.
It is error to sue out a writ of error in simply the firm-name or style of a copartnership.
The names of the individuals composing the firm should be set out as they appear in the record of the cause. Whether such an error is amendable it is unnecessary to-discuss here, as upon an inspection of the transcript we…
2Cases cited2 opinions
- Gates v. HaynerSupreme Court of Florida · 1886
- Harris v. FerrisSupreme Court of Florida · 1881
3Cited by10 opinions
- State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
- Kelner v. CowdenWest Virginia Supreme Court · 1906
- Caviness v. PeopleSupreme Court of Colorado · 1900
- Ropes v. EldridgeSupreme Court of Florida · 1897
- United States Mutual Accident Ass'n v. WellerSupreme Court of Florida · 1892
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