Mutual Life Insurance v. Hartley

The writ of error herein, issued by the Clerk of the Circuit Court, is tested in the name of á former Chief Justice of this court who was not a member of the court when the writ of error was issued. The writ is therefore ineffectual unless it is amendable, since the statute provides that “all writs of error shall be tested in the name of the Chief Justice of the Supreme Court. ’ ’ Sec. 2908, Rev. Gen. Stats., 1920.

In Williams v. Pitt, 38 Fla. 162, 20 South. Rep. 936, the writ was tested in the name of a former Chief Justice who was then a member of the court, and the error was held to be…