Summerlin v. Tyler
Supreme Court of Florida
Appeal from Duval Circuit Court. The appellees instituted a suit against the appellant in a Justices’ Court of Duval county. On the 15th day of February,. 1855, judgment was rendered against the appellant, and an appeal being taken to the Circuit Court, he filed his appeal bond as required by law on the 20th day of the same month. There is nothing in the record to show when the Justices’ Court, in which the judgment was rendered, adjourned.
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Appeal from Duval Circuit Court. The appellees instituted a suit against the appellant in a Justices’ Court of Duval county. On the 15th day of February,. 1855, judgment was rendered against the appellant, and an appeal being taken to the Circuit Court, he filed his appeal bond as required by law on the 20th day of the same month. There is nothing in the record to show when the Justices’ Court, in which the judgment was rendered, adjourned. At the spring term, 1855, of the Circuit Court, on motion of the appellees, the appeal was dismissed on the ground that “ more than three days had elapsed…
1Opinion of the CourtDu Pout, J.
The question presented by the record.in this ease for our adjudication arises out of the provision of the statute imposing a limitation of time within which a party in a Justices’ Court may take an appeal to the Circuit Court, viz: whether within three days after the rendition of judgment, or within that time after the adjournment of the court ? The statute may be found in Thompson’s Digest, at page 474, and is in the following words, viz: “If either party shall be dissatisfied with the judgment of the Justice of the Peace, in any cause tried before him where the amount in controversy shall…
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